Key Points
- Malaysian court challenges exemption;
- Liquid nicotine debate intensifies;
- Pharmacists back court ruling;
- Black-market and harm reduction clash.
2Firsts
May 17, 2026
According to The Star, Malaysiakini, and The Edge Malaysia, Malaysia’s High Court recently ruled that the government’s 2023 decision to remove liquid and gel nicotine from the Poisons List under the Poisons Act 1952 was “irrational.”
The court said the process failed to adequately consult the Poisons Board, creating procedural flaws in the decision-making process.
The ruling has reignited debate in Malaysia over vape regulation, illicit trade, and youth protection.
The Malaysian government had previously argued that removing liquid nicotine from the Poisons List was necessary to establish a legal regulatory framework for vaping products and curb black-market sales.
Officials said maintaining the previous restrictions would have left the vape industry operating in a regulatory grey area, complicating taxation, enforcement, and product safety oversight.
However, pharmacists’ organizations and public health groups have long opposed the move.
The Star reported that the Malaysian Pharmacists Society welcomed the court’s decision, saying stronger nicotine regulation could help reduce youth access to vaping products.
Public health advocates argued that removing liquid nicotine from the Poisons List had temporarily allowed vape products to be sold to minors, raising public concern.
Malaysiakini reported that health groups viewed the policy as weakening Malaysia’s nicotine control framework.
At the same time, some industry stakeholders warned that tighter restrictions could further expand illicit vape trade and black-market activity.
The Edge Malaysia reported that Malaysia has been moving toward establishing a formal regulatory and taxation framework for vaping products, and that the court ruling may introduce new uncertainty into that process.
Industry observers said Malaysia, as an important vape consumption and trading market in Southeast Asia, plays a significant role in shaping regional regulatory trends.
Analysts said the dispute highlights continuing policy divisions in Southeast Asia over tobacco harm reduction, illicit trade management, and youth protection.
（A Malaysian government official speaks on liquid nicotine regulation. ｜Image source: Parlimen Malaysia）
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