Court rules nicotine vape exemption from poisons list irrational
A Malaysian court ruled that the government's decision to exempt nicotine vapes from the poisons list was irrational and made without proper consultation.Summary
The KL High Court has ruled in favor of three public health groups, declaring the government's decision to remove liquid nicotine from the poisons list three years ago as irrational. Justice Aliza Sulaiman found that the exemption was driven by economic considerations linked to taxation plans and was made without properly consulting the Poisons Board. The court held that the consultation process was merely a formality, with no physical meeting held and the board unanimously rejecting the proposal. Consequently, the court found that Parliament never intended for nicotine vape products to remain unregulated during the interim period before the Control of Smoking Products for Public Health Act 2024 came into force. No costs were ordered as the applicants were not seeking them, given the public interest nature of the litigation.
(Source：Free Malaysia Today)
