Former health minister Dr Zaliha Mustafa today defended the government’s controversial 2023 move to exempt nicotine liquids and gels from the Poisons Act 1952, describing it as a necessary decision made at a time when vape products were already widely accessible, especially among young people. — Picture by Yusof Mat Isa
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Saturday, 16 May 2026 7:53 PM MYT
KUALA LUMPUR, May 16 — Former Health Minister Dr Zaliha Mustafa today defended the government’s controversial 2023 move to exempt nicotine liquids and gels from the Poisons Act 1952, describing it as a necessary decision made at a time when vape products were already widely accessible, especially among young people.
Her remarks came following the High Court’s decision yesterday to allow a judicial review application filed by three health-related non-governmental organisations (NGOs) challenging the exemption.
Dr Zaliha said the Ministry of Health (MOH) would appeal the ruling at the Court of Appeal, stressing that the legal process was important to clarify the scope of ministers’ executive powers in making policy decisions involving national strategic interests.
“As the appeal process is still ongoing, it is too early to draw conclusions,” she said in a statement today.
The Sekijang Member of Parliament said the government’s decision in 2023 should be viewed within the context of the growing vape industry at the time, where nicotine vape products were already being sold openly despite existing legal restrictions.
According to her, enforcement under the Poisons Act 1952 had become increasingly ineffective in curbing the widespread sale of vape products, many of which were circulating through the black market without regulation or monitoring.
“The decision taken in 2023 was a bold step that ultimately succeeded in protecting public safety under Act 852, which is currently in force,” she said.
Dr Zaliha explained that the exemption was intended to bring the multi-billion-ringgit vape industry into a regulated framework so authorities could monitor, tax and control the products more effectively instead of allowing the trade to continue unchecked underground.
She said the matter had been extensively discussed at the Cabinet level before she tabled the Control of Smoking Products for Public Health Bill in Parliament in June 2023 to address the legal loophole.
The law has since come into force as the Control of Smoking Products for Public Health Act 2024 (Act 852), which regulates tobacco products, vape devices and nicotine liquids, while also prohibiting sales to minors.
“With Act 852 now fully operational, the loophole has been closed, and Malaysia has a more comprehensive regulatory ecosystem to protect public health and the young generation,” she said.
At the same time, Dr Zaliha acknowledged concerns raised by health advocacy groups and said she respected the court’s decision as part of the country’s democratic process.
“This process of checks and balances reflects a healthy democratic system. In fact, the government and NGOs share the same ultimate goal, which is to protect the health of Malaysians,” she said.
She added that government lawyers had argued in court that the judicial review had largely become academic because the new law was already in force and had replaced the previous regulatory gap. — Bernama