Malaysia's High Court Allows Lawsuit Against Health Minister on Vape Liquid

Aug.15.2023
Malaysia's High Court Allows Lawsuit Against Health Minister on Vape Liquid
The Malaysian High Court allows lawsuit against Health Minister and government over e-cigarette sales and provision to children.

According to the Malay Mail on August 14th, the High Court of Malaysia has granted three civil society organizations the permission to proceed with their lawsuit against Health Minister Zaliha Mustafa and the Malaysian government for failing to curb the sale of e-cigarette liquid and the provision of e-cigarette gel to children.

 

In a lawsuit filed as early as June 30th, civil society groups are urging the court to overturn the decision made by the Minister of Health to remove e-cigarette liquids and e-cigarette gels from the list of toxic substances, or effectively reinstate regulation of such products.

 

On the morning of August 14th, Justice Datuk Wan Ahmad Fadzlin Wan Chik presided over and approved the judicial review applications from the Malaysian Tobacco Control Council, Malaysian Green Lungs Association, and Children's Voice Private Limited Company.

 

Three civil society groups' lawyer Edmund Bon told the Malay Mail that the High Court has also heard applications from three civil society groups requesting a temporary stay on the Health Minister's directive issued on March 31 to remove e-cigarettes or liquids and gels used in e-cigarettes from the "poisonous substances" category.

 

These three civil society groups are calling for the temporary inclusion of e-liquid and e-cigarette gel in the list of toxins, in order to prevent the open legal sale of such products to children until the litigation is resolved.

 

According to written opinions, Bon believes it is necessary to temporarily suspend the distribution of free e-cigarette liquid and e-cigarette gel due to the potential health risks they pose to children, as well as the increase in fatalities caused by lung injuries associated with e-cigarette use, and the subsequent rise in medical costs.

 

Bon further emphasized that the lack of regulation on e-liquid means that the nicotine content in such products is currently unregulated, with any level currently being permitted by law.

 

Previously, a civil organization claimed that the removal of e-cigarette liquid from the list of toxic substances was done in order for the government to tax e-cigarettes and e-cigarette liquids containing nicotine. The organization pointed out that the Ministry of Finance has imposed a consumption tax on e-cigarettes and e-cigarette liquids containing nicotine, starting from April 1, with a tariff of 40 Malaysian Ringgit (63 Chinese Yuan) per milliliter. Bon believes that public health should take precedence over taxation.

 

On August 14th, Senior Federal Counsel Ahmed Hanif Hanbali, representing the government and the health minister, confirmed to the Malay Mail that the Attorney General does not object to this permission, and the High Court has also approved the permit today. It is reported that the High Court will decide on September 5th whether to approve the temporary suspension sought by three civil society organizations.

 

References:

 

Lawsuit Against Malaysia’s Health Minister Over Vape Liquid Permitted to Move Forward by Court

 


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.

Australia’s Victoria Steps Up Illegal Tobacco Enforcement With Store Closures and Penalties of Up to A$2.5 Million
Australia’s Victoria Steps Up Illegal Tobacco Enforcement With Store Closures and Penalties of Up to A$2.5 Million
Australia’s state of Victoria has activated new powers allowing Tobacco Licensing Victoria and police to shut premises suspected of selling, supplying or possessing illicit tobacco for up to 90 days. Longer closures can be ordered by a magistrates’ court. Businesses subject to closure orders must generally cease all trading and will be placed on a public list. Breaching a closure order can carry penalties of up to A$2.5 million and 20 years in prison.
Sep.10
2Firsts Interview | Cigarette Sales Fall as Smokeless Alternatives Gain in U.S. Convenience Stores, NACS Says
2Firsts Interview | Cigarette Sales Fall as Smokeless Alternatives Gain in U.S. Convenience Stores, NACS Says
Ahead of the 2026 NACS Show, 2Firsts interviewed Chris Rapanick, NACS managing director of research, on changes reshaping the U.S. convenience-store tobacco and nicotine market. NACS data show cigarette sales declining while smokeless alternatives, including nicotine pouches, continue to grow. The interview also examines higher OTP margins, shifting backbar space, weaker store traffic, regulatory uncertainty and NACS’ outlook for 2027, offering a retailer-side view of one of the world’s largest nicotine markets.
Interview
Oct.03
Spain Cigarette Volumes Fall 5.2% in August, BAT Drops 14.5%, JTI Gains Share; France Down 8.3% on Adjusted Basis
Spain Cigarette Volumes Fall 5.2% in August, BAT Drops 14.5%, JTI Gains Share; France Down 8.3% on Adjusted Basis
Spain's cigarette volumes declined 5.2% year over year in August 2026, according to government data cited by UBS and reported by Investing.com on October 7. British American Tobacco's volumes fell 14.5%, followed by Imperial Brands at 8.8%, Philip Morris International at 6.6% and Japan Tobacco at 4.6%. JTI was the only one of the four companies to gain cigarette market share, rising six basis points to 26.7%. In France, official customs data showed an unadjusted 3.7% decline in cigarette deliveries. Adjusting for the difference in delivery days produces a decline of approximately 8.3%, consistent with the UBS figure. The bank also estimated the earnings exposure of major tobacco companies to both markets.
Market
Oct.13
 PMI Opens Generative AI Center in Portugal to Support Global Operations
PMI Opens Generative AI Center in Portugal to Support Global Operations
According to information released by Portugal’s Trade & Investment Agency (AICEP) in July 2026, Philip Morris International (PMI) has established a global Generative Artificial Intelligence Factory (GenAI Factory) at its Portuguese subsidiary Tabaqueira. The center will support PMI’s global operations by developing and deploying AI solutions focused on industrial process optimization, data analytics, operational automation and AI application development. The initiative strengthens Portugal’s role in PMI’s global technology and innovation network.
Aug.27
Snowplus Enters Japan’s FamilyMart Network With Zero-Nicotine NEO Line and Kishidan Campaign
Snowplus Enters Japan’s FamilyMart Network With Zero-Nicotine NEO Line and Kishidan Campaign
Snowplus distributor H&S said the zero-nicotine, zero-tar NEO vaping line will begin rolling out across FamilyMart stores in Japan from September 14, 2026, excluding some locations. The DASH line will also be sold at selected FamilyMart stores in southern Kyushu and Okinawa. Snowplus simultaneously named Japanese rock band Kishidan as a brand ambassador, combining convenience-store distribution with a broader consumer marketing push in Japan.
Sep.15
Elf Bar Vape Explosion and Amputation Claim Spurs Coverage Suit, U.S. Insurer MUSIC Seeks Ruling It Owes No Duty to Defend or Indemnify Distributor i5
Elf Bar Vape Explosion and Amputation Claim Spurs Coverage Suit, U.S. Insurer MUSIC Seeks Ruling It Owes No Duty to Defend or Indemnify Distributor i5
Mesa Underwriters Specialty Insurance Company has asked a federal court in Washington to declare that it has no duty to defend or indemnify vape distributor i5 Distribution in a product liability case involving an Elf Bar BC5000. The plaintiff alleges that the disposable vape caught fire and exploded in his pocket, causing severe burns and ultimately requiring an above-the-knee amputation of his left leg. MUSIC is relying on a tobacco, nicotine or nicotine replacement products exclusion and a premises limitation endorsement. The court has not ruled on the coverage dispute.
News
Sep.10