Malaysia Remove Nicotine from Poison Act; Pave the Way for E-cigarette Tax

New Straits Times, edited by Mandy - On March 28, according to multiple media reports in Malaysia, the Poisons Board of Malaysia will hold a meeting to discuss the removal of nicotine from the Poisons Act. If the amendment passes, Malaysia will allow the legal sale of e-cigarettes to anyone in the future.

Deregulation of Nicotine

According to Malaysia's 1952 'Poison Law, 'nicotine is classified as a Group C poison, meaning only a doctor or pharmacist can dispense it.

However, according to Malaysia's Ministry of Health ( MOH ) Pharmaceutical Services Programme website, the Poison Board responsible for the poison list will provide professional advice to the Minister of Health on the removal of' nicotine. '

This news immediately attracted the attention of the medical community. Dr. Muruga Raj Rajathurai of the Malaysian Medical Association ( MMA ) said that the association learned nicotine was being removed from the control list of the Poisons Act.

They claim that the government modified the poison list to enable it to tax e-cigarette products containing the substance.

Dr. Muruga also said that if this is done before the Tobacco Control Bill is passed, it will lead to a lack of control over the sale of e-cigarette products.

He said,' We are worried that this will lead to a significant increase in sales of nicotine-containing e-cigarettes in public places, and there is no limit on minors. '

Signs of Deregulation Appeared

According to 2Firsts, Malaysian Prime Minister Anwar Ibrahim announced the government's plan to impose a consumption tax on e-cigarettes or nicotine-containing e-cigarette oils in his 2023 budget speech in February.

The government had estimated the value of the local e-cigarette industry at more than 2 billion ringgit and planned to transfer half of the tax to the health ministry.

Dr. Muruga stated, 'According to the 2023 budget, e-cigarettes with nicotine will be taxed, but this seems to be a de facto legalization of their sale in the public domain.'

He added,' The government must remove nicotine from the list of controlled substances from the Poisons Act to enable the sale of e-cigarettes containing nicotine.' Dr. Muruga said that so far, the use of e-cigarettes has not been properly regulated.

In fact, The controversial Control of Tobacco Product and Smoking Bill 2022 was not listed on the Order Paper for Dewan Rakyat sitting that day. The bill, which aims to ban tobacco and vape products for anyone born from 2007, is touted as the "generational end game" (GEG).

Focus on the Minors

It is worth noting that the Control of Tobacco Product Regulations ( CTPR ) only applies to the sale of cigarettes, stipulating that the target for sales must be 18 years old.

Dr. Muruga said removing nicotine from the list would allow the nicotine and non-nicotine e-cigarettes to be sold openly and legally to anyone, including children.

He said, 'Nicotine is addictive, which is why even in cigarettes, we only allow people over the age of 18 to buy '.

Dr. Muruga believes this latest news shows that the government is more concerned about potential taxes and less about the health impact on Malaysians.

At the same time, the Malaysia Pharmacists Society ( MPS ) also strongly opposed the removal of liquid or gel nicotine from the control list.

Professor Amrahi Buang, Chairman of the MPS, said the move would be detrimental to the health and safety of Malaysians.

Amrahi called on the government to refuse to remove nicotine from the Poisons Act and to protect public health and safety.

He said, 'We urge the government to strengthen regulation around e-cigarettes and e-cigarettes, including restrictions on marketing and advertising, and to strengthen public education about the risk before considering the proposal.'

If the Poisons Act is passed, the law is expected to be implemented as early as the first week of April.

Reference:

Medical associations in uproar over proposal to remove nicotine from poisons list

Doctors And Pharmacists Slam Proposed Nicotine Deregulation Without Vape Control