Malaysia High Court Sets May 15 Ruling on NGOs’ Challenge to Vape Nicotine Poisons List Exemption

Key Points

• City: Kuala Lumpur, Malaysia
• Court timeline: Decision scheduled for May 15, 2026
• Applicants: Malaysian Council for Tobacco Control; Malaysian Green Lung Association; Voice of the Children
• Respondents: Health Minister and the Malaysian government
• Applicants’ claim: Delisting created a real-world deregulation window affecting youth protection
• Government’s claim: Minister lawfully exercised Section 6 Poisons Act 1952 powers; consultation held March 29, 2023; Act 852 now addresses control measures, making review unnecessary

2Firsts, Jan 30, 2026

According to Bernama, Malaysia’s High Court has set May 15, 2026, to deliver its ruling on a judicial review application filed by three non-governmental organisations (NGOs) challenging the government’s decision to exempt vape liquids and gels from the Poisons List. Judge Datuk Aliza Sulaiman fixed the date after hearing submissions from both sides in Kuala Lumpur.

The applicants—Malaysian Council for Tobacco Control, Malaysian Green Lung Association, and Voice of the Children—filed for judicial review on June 30, 2023. They are seeking declarations that the Poisons (Amendment of Poisons List) Order 2023, specifically the clause dated March 31, 2023 excluding vape liquids and gels, was irrational and that the exemption was introduced without proper and adequate consultation with the Poisons Board, rendering it ultra vires Section 6 of the Poisons Act 1952.

Counsel K. Shanmuga, representing the NGOs, argued that the March 31, 2023 delisting of liquid nicotine effectively deregulated vape products and, as a result, made it legal to sell them to children. He said this situation persisted for close to 17 months until the Control of Smoking Products for Public Health Act 2024 (Act 852) came into force in October 2024. He also contended the matter remains a live issue of public importance, with implications for public benefit and future conduct under the Poisons Act.

Senior federal counsel Nurhafizza Azizan, assisted by federal counsel Afiq Zainal Abidin, appeared for the respondents—the Health Minister and the government. She submitted that the Control of Smoking Products for Public Health Bill 2023 was tabled and passed by Parliament on Nov 30, 2023, and includes provisions prohibiting the sale and consumption of smoking products, tobacco products, and tobacco substitute products by minors. She argued the passage of the bill removed any legal gaps in controlling the sale and use of vapes and electronic cigarettes, particularly regarding minors.

Nurhafizza further submitted that then Health Minister Datuk Seri Dr Zaliha Mustafa lawfully exercised powers under Section 6 of the Poisons Act 1952 when amending the Poisons List, and that the required consultation with the Poisons Board took place on March 29, 2023. She maintained the decision was within the law and, given subsequent legislative developments, the judicial review application is now moot.

Photo source: Bernama