Malaysia’s former health minister Zaliha Mustafa defended her 2023 move to delist liquid nicotine from the Poisons Act 1952, calling it a “critical step” to bring a fast-growing vape market out of the black economy and into a regulated, taxable framework. Her remarks follow a High Court ruling by Justice Aliza Sulaiman that described the exemption order as irrational after a judicial review brought by health NGOs.
Zaliha argued that, at the time, enforcement under the Poisons Act had failed to curb widespread open sales of nicotine vapes, and that the exemption allowed authorities to track supply chains while paving the way for the Control of Smoking Products for Public Health Act 2024 (Act 852), which now regulates vape devices and nicotine liquids and bans sales to minors. She said the legal challenge reflects healthy checks and balances, but confirmed the Health Ministry will appeal, maintaining that the 2023 decision enabled Malaysia to transition from outdated poison controls to a comprehensive tobacco and vape regulatory system.
