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.

U.S. Rep. Krishnamoorthi Questions FDA Over Planned PMTA Rewrite, Seeks Communications With Altria and Reynolds
U.S. Rep. Krishnamoorthi Questions FDA Over Planned PMTA Rewrite, Seeks Communications With Altria and Reynolds
U.S. Rep. Raja Krishnamoorthi on Oct. 6 questioned the FDA over its plan to reassess and potentially replace the 2021 PMTA regulatory framework, asking the agency to identify provisions it may change or eliminate, state whether current scientific evidentiary standards will be maintained, and disclose communications with Altria, Reynolds and other parties challenging the rule. Krishnamoorthi led a congressional investigation into JUUL and youth vaping in 2019 and has since remained active on e-cigarette regulation and enforcement.
Regulations
Oct.08
Zhang Xiaotang Appointed Deputy Director of China’s Tobacco Regulator, Adding Another Finance-Background Official to Top Leadership
Zhang Xiaotang Appointed Deputy Director of China’s Tobacco Regulator, Adding Another Finance-Background Official to Top Leadership
China’s State Council has appointed Zhang Xiaotang as deputy director of the State Tobacco Monopoly Administration, with the regulator’s official website now listing him as a Party leadership group member and deputy director. Zhang previously led Hebei China Tobacco and earlier headed the STMA’s finance and audit department. His appointment follows the elevation earlier this year of former tax official Yao Laiying to head the STMA, adding another senior official with a strong fiscal or financial-management background to China Tobacco’s top leadership in 2026.
News
Sep.20
RLX Technology Dropped From FTSE All-World as International Business Reaches 68.5% of Q2 Revenue
RLX Technology Dropped From FTSE All-World as International Business Reaches 68.5% of Q2 Revenue
RLX Technology (NYSE: RLX) has been removed from the FTSE All-World Index, effective September 21. FTSE Russell records show RLX was already part of its global equity index universe by 2022, when its American depositary receipts were classified as China Large Cap securities. Trading volume rose to about 44.77 million shares on September 18, roughly 23 times the previous session's volume. RLX reported RMB1.0105 billion in second-quarter revenue, up 14.8% year over year, with international operations contributing 68.5%. The company also acquired a 51% stake in one of Western Europe's largest distributors of next-generation smoke-free and FMCG products in July.
Sep.22
Special Report | Altria's NACS Booth Raises Questions Over U.S. Tobacco Advertising Warnings
Special Report | Altria's NACS Booth Raises Questions Over U.S. Tobacco Advertising Warnings
During its coverage of Altria's booth at NACS Show 2026, 2Firsts documented product displays that prompted questions about U.S. tobacco advertising warning requirements. Following public comments from a former FDA official, 2Firsts sought responses from Altria and independently consulted U.S. regulatory lawyer Azim Chowdhury. Altria maintained that its B2B communications complied with applicable laws, while Chowdhury explained that federal warning rules provide no general trade-show exemption for e-cigarettes and nicotine pouches. The special report examines the broader regulatory implications.
Nov.04
North Carolina Tightens Vape Product Directory Enforcement, Expands State and Local Powers as Violators Face Fines, Product Seizures and License Suspension or Revocation
North Carolina Tightens Vape Product Directory Enforcement, Expands State and Local Powers as Violators Face Fines, Product Seizures and License Suspension or Revocation
North Carolina has expanded enforcement of its vapor product directory rules, authorizing more state and local law enforcement participation and establishing a task force led by the State Bureau of Investigation. The legislation requires at least one unannounced compliance inspection annually for retailers, distributors and wholesalers handling covered products. Penalties effective October 1, 2026, include civil fines of $500–$750 for a first violation and $1,000–$1,500 for repeated violations within 12 months, along with potential license suspension or revocation. Manufacturers may face penalties of $10,000 per unlisted product. The measures strengthen the product directory system established in 2024.
Regulations
Oct.28
Iowa Sets November 16 Vape Directory Launch: Unlisted Products Face Sales Ban, Manufacturers $1,000 Daily Fines per Product
Iowa Sets November 16 Vape Directory Launch: Unlisted Products Face Sales Ban, Manufacturers $1,000 Daily Fines per Product
Iowa plans to publish its first vapor products directory on November 16, 2026, after which products not listed will be prohibited from sale or offer for sale in the state. The Department of Revenue expects to begin penalty enforcement on December 17, following an initial 21-business-day period focused on compliance education. Under House File 2677, retailers, distributors and wholesalers selling unlisted products face civil penalties of $300 per product per day, while manufacturers face $1,000 per product per day. Eligibility extends to FDA-authorized products and certain products meeting historical marketing and pending PMTA requirements. The directory program resumed after a federal appeals court vacated a preliminary injunction in July 2026.
Regulations
Nov.05