Malaysian Civil Society Groups Seek Lawsuit to Regulate Vape Sales

Aug.21.2023
Three civil society groups in Malaysia have been granted permission to proceed with their lawsuit against the Health Minister and government over the sale of vape products to children.

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.


Disclaimer

This article is provided solely for professional research, industry discussion, and informational purposes. Any references to brands, companies, products, technologies, or policies are made for factual reporting and analytical purposes only, and do not constitute endorsement, recommendation, promotion, or advertising by 2Firsts.

Nicotine-containing products, including but not limited to cigarettes, e-cigarettes, heated tobacco products, and nicotine pouches, carry significant health risks. Readers are responsible for complying with all applicable laws and regulations in their respective jurisdictions, including age restrictions and access limitations.

The information contained in this article should not be regarded as investment, legal, medical, regulatory, or commercial advice. While 2Firsts strives to ensure the accuracy and reliability of its content, it does not assume liability for any direct or indirect loss arising from errors, omissions, inaccuracies, or reliance on the information contained herein.

This article is not intended for individuals below the legal age for accessing tobacco or nicotine-related information in their jurisdiction.

 

Copyright Notice

This article is either original content produced by 2Firsts or content reproduced, translated, summarized, or adapted from third-party sources with attribution where applicable. The intellectual property rights of the original content remain with 2Firsts or the respective original rights holders.

No individual or organization may copy, reproduce, distribute, republish, modify, translate, or otherwise use this content without prior authorization. Any unauthorized use may result in legal action.

For copyright-related inquiries, corrections, or removal requests, please contact: info@2firsts.com.

 

AI-Assisted Translation and Editing Notice

Portions of this article may have been translated, edited, or reviewed with the assistance of artificial intelligence tools to improve efficiency and readability. Due to the limitations of AI-assisted translation and editing, discrepancies, omissions, or inaccuracies may exist when compared with the original source.

Where applicable, readers are advised to refer to the original source for the most complete and accurate information. If you identify any errors or believe that any content infringes upon your rights, please contact us at info@2firsts.com, and we will review and address the matter promptly.

Philip Morris Romania Expands IQOS Boutique Network to 120 Locations With Retail 2.0 Store
Philip Morris Romania Expands IQOS Boutique Network to 120 Locations With Retail 2.0 Store
Philip Morris Romania has opened IQOS Boutique Victoriei in Bucharest, expanding the country’s IQOS retail network to 120 points of sale and advancing a Retail 2.0 concept that combines design, technology, interactive art and urban culture.
PMI
Jul.13
Special Report | Altria Subsidiaries Sue FDA to Vacate 2021 PMTA Rule as Agency Moves to Speed Reviews
Special Report | Altria Subsidiaries Sue FDA to Vacate 2021 PMTA Rule as Agency Moves to Speed Reviews
2Firsts reviewed the original federal court complaint filed by Altria subsidiaries Helix Innovations and NJOY on Sept. 2 challenging FDA’s 2021 PMTA rule. The lawsuit questions whether FDA’s review process complies with the Tobacco Control Act’s 180-day timeline, even as the agency moves to accelerate PMTA reviews and issues more marketing orders. Drawing on the complaint, FDA records, government audits and recent court rulings, 2Firsts examines the legal arguments, supporting evidence and potential implications for the U.S. tobacco review system.
Regulations
Sep.03
Altria Smokeable Profit Rises 2.4% as Marlboro Share Falls and U.S. Discounts Gain
Altria Smokeable Profit Rises 2.4% as Marlboro Share Falls and U.S. Discounts Gain
Altria’s second-quarter results show a U.S. nicotine market splitting across price, product and regulation. Smokeable profit rose 2.4% as Marlboro pricing offset lower volumes, while discount brand Basic gained share among value-conscious smokers. In oral nicotine, on! PLUS expanded distribution but faced intensifying competition from ZYN and Velo. NJOY remained off the market as patent and regulatory hurdles delayed its return. The broader lesson: U.S. growth increasingly depends on price-tier strategy, retail execution, authorisation and enforcement readiness across the industry.
Special Report
Jul.31
Ohio Supreme Court Weighs Whether State Consumer Law Can Restrict Flavored Vape Sales
Ohio Supreme Court Weighs Whether State Consumer Law Can Restrict Flavored Vape Sales
The Ohio Supreme Court is hearing a case involving flavored vape sales and whether state authorities can use consumer protection laws to take action against retailers selling unauthorized vape products. Ohio officials argue that selling unauthorized flavored vapes may constitute consumer deception, while retailers argue that tobacco product regulation falls under federal Food and Drug Administration (FDA) authority and that states cannot impose additional restrictions through consumer laws. The case could affect the scope of state-level vape regulation across the United States.
Aug.06
Product | FOGER Introduces Switch Pro 30K Nixodine Pod in U.S. Retail, Bringing 6-MN Related Formulation to High-Capacity Pod Platform
Product | FOGER Introduces Switch Pro 30K Nixodine Pod in U.S. Retail, Bringing 6-MN Related Formulation to High-Capacity Pod Platform
FOGER has introduced the Switch Pro 30K Nixodine Pod in U.S. retail channels, bringing a 6-methylnicotine (6-MN)-related formulation into its reusable Switch Pro 30K pod ecosystem. The product retains the existing reusable dock and magnetic replacement pod architecture, featuring a 19ml prefilled pod, dual-mesh heating and Normal/Boost modes. The Nixodine version is labeled nicotine-free in terms of conventional nicotine but uses a 5% Nixodine-related formulation. The product has appeared in U.S. retail and wholesale channels, with some listings indicating Kentucky-only availability.
Aug.28
China Tobacco Zhejiang files patent for pressure-triggered, on-demand oral nicotine release
China Tobacco Zhejiang files patent for pressure-triggered, on-demand oral nicotine release
China Tobacco Zhejiang Industrial Co., Ltd. has filed a patent application for an oral nicotine delivery product designed to let users actively adjust nicotine release. The product embeds two types of nicotine reservoirs with different wall thicknesses and positions inside a deformable matrix. Pressure applied with the tongue or lips can rupture the reservoirs and accelerate nicotine release. In simulated oral tests, several patent examples showed sharply higher peak nicotine release rates as applied force increased from 0 N to 1 N and 3 N. The filing explores a shift from preset release profiles toward user-triggered nicotine delivery.
Sep.01