Counsel for several Malaysian public health organizations told the High Court that former health minister Dr. Zaliha Mustafa acted unlawfully in 2023 when she removed liquid nicotine from the Poisons Act list, arguing the move was made without meaningful consultation with the Poisons Board. A lawyer for the Malaysian Council for Tobacco Control, the Malaysian Green Lung Association, and Voice of the Children, said the exemption left vape products effectively unregulated and accessible to minors for nearly 17 months, until the Control of Smoking Products for Public Health Act 2024 took effect in October 2024.
Government counsel argued the case is now academic because the 2024 law regulates vaping and smoking products, and said the minister acted within powers granted under Section 6 of the Poisons Act after consultation with the board. Opposing attorneys countered that the issue remains live because the court must determine whether the minister erred at the time, adding that consultation must be substantive rather than procedural. The applicants are seeking declarations that the 2023 exemption order was irrational, unlawful, and beyond ministerial authority. The court set May 15 for its decision.


