Three civil society groups in Malaysia have been granted permission to proceed with their lawsuit against Health Minister Dr Zaliha Mustafa and the Malaysian government. The lawsuit aims to prevent the open selling of vape liquid and vape gels to children. The High Court's decision to grant leave means that the judge will continue to hear the case.
The three groups involved in the lawsuit are the Malaysian Council for Tobacco Control, the Malaysian Green Lung Association, and Voice of the Children Sdn Bhd. They had to first obtain the court's permission for the lawsuit to proceed. The government did not object to the application for leave, leading to the High Court granting permission.
One aspect of the lawsuit is an application for an interim stay on the health minister's order to remove e-cigarette and vape liquids from the Poisons List. The civil society groups argue that vape liquids should be temporarily included back under the Poisons List until the lawsuit is heard. This would regulate the sale of these products and prevent their open sale to children.
Lawyer Edmund Bon, representing the civil society groups, argued for an interim stay due to concerns about the danger to children's health and the potential increase in deaths and healthcare costs associated with e-cigarette and vape use. Bon also pointed out that the non-regulation of vape liquids means that nicotine levels are currently unregulated and legally permissible at any level.
The civil society groups previously claimed that the removal of vape liquids from the Poisons List was done to impose a tax on e-cigarette and vape liquids containing nicotine. The Finance Ministry had imposed an excise duty on these products from April 1 onwards. Bon argued that the government would not be financially harmed if the interim stay is granted, as taxes could still be collected if the civil society groups fail in their lawsuit.
The Attorney-General's Chambers objected to the interim stay application, stating that there are no special circumstances warranting a stay. However, Bon argued that there are special circumstances and that a stay is different from an injunction.
The High Court will make a decision on September 5 regarding the interim stay sought by the civil society groups.
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