2FIRSTS | Malaysia Liquid Nicotine Returns to Poisons List, Leaving Vape Retail and RM354 Million Tax Collection in Legal Uncertainty
Malaysia's withdrawal of an appeal reinstates liquid nicotine as a controlled poison, creating legal uncertainty for vape retail and RM354 million in tax revenue.Summary
The Malaysian government's withdrawal of an appeal has reinstated a High Court ruling that invalidated a 2023 exemption for liquid and gel nicotine from the Poisons List under the Poisons Act 1952. This means liquid nicotine is once again regulated as a Group C poison, creating a direct conflict with the separate regulatory framework for vaping products under the Control of Smoking Products for Public Health Act 2024 (Act 852). Lawmakers are now calling for a halt to nicotine vape retail sales and excise duty collection, demanding a refund of over RM354 million in taxes collected since 2023. The vape industry and consumer groups are pressing the government for clarity, arguing they should be regulated under Act 852. The Health Ministry has yet to issue a final explanation on how the two legal regimes will interact, leaving the market in significant legal, inventory, and tax uncertainty. Policy options include treating the poison status as a de facto ban, reopening the issue through the Poisons Board, or enacting new legislation.
(Source：2Firsts)
