KUALA LUMPUR: The Malaysian Council for Tobacco Control (MCTC) is urging the government to keep nicotine used in electronic cigarettes and vaping products strictly regulated under the Poisons Act 1952 (Act 366), alongside a clear, phased plan to end commercial sales.
In a statement today, the Council said maintaining existing statutory protections was essential to achieving a smoke-free and vape-free Malaysia, safeguarding children, and providing effective treatment for those already dependent on nicotine.
MCTC’s statement follows a written parliamentary reply from Health Minister Datuk Seri Dr Dzulkefly Ahmad on Nov 5 confirming that nicotine in liquid and gel preparations for e-cigarettes and vapes is once again subject to Act 366. The legal shift comes after a High Court judgment and the government’s subsequent decision to withdraw its appeal.
MCTC welcomed the minister’s clarification, noting that it had waited to hear directly from the Health Ministry before stating its position publicly. During a stakeholder briefing last week, deputy director-general of health (public health) Dr Ismuni Bohari spoke to MCTC and partner civil society organisations regarding legal, trade-related, and enforcement challenges—openness for which the council thanked him and his public health team.
The council stressed that the immediate priority must be upholding Act 366 while coordinating enforcement with the Control of Smoking Products for Public Health Act 2024 (Act 852). It argued that the two laws must work coherently, and that the existence of Act 852 alone should not justify removing nicotine liquids and gels from Poisons Act control. MCTC urged the ministry to clarify how restrictions will be enforced in practice and to publish the stages leading to the end of commercial nicotine-vape sales.
While the Health Ministry explained it is weighing a short-term exemption as a transitional measure—citing the legal consequences of the court ruling, existing commercial stocks, trade questions, and practical enforcement arrangements—MCTC maintained that these cross-government hurdles do not change the ultimate public health destination or automatically establish that an exemption is unavoidable.
“MCTC’s preferred approach is continued regulation under Act 366 and a phased, enforceable withdrawal of nicotine-containing vaping products from commercial sale,” MCTC said, adding that it would only consider a narrowly limited temporary exemption if proven genuinely necessary to deliver that outcome rather than prolong commercial availability.
Any conditional agreement, MCTC warned, requires clear and transparent Cabinet-level policy, a definite implementation timetable, an identified legal mechanism to end the exemption, and effective restrictions against further market expansion. Rather than seeking a separate written guarantee, the council called for the whole government to adopt and communicate a consistent, accountable policy so that temporary arrangements do not become permanent loopholes and further delays are not excused by unclear responsibilities.
To address enforcement difficulties, MCTC reiterated its longstanding proposal for closer cooperation between the Health Ministry, the Housing and Local Government Ministry, and local authorities. This includes deploying authorised officers, conducting coordinated inspections, utilising digital reporting, taking action against illicit sales, and allocating an appropriate share of compound revenues to strengthen local-authority enforcement.
Civil society groups, including MCTC and veterans’ networks, are also prepared to contribute through public awareness, observation, and reporting of suspected violations without assuming enforcement powers.
Alongside commercial restrictions, the council emphasised that a phased end to sales must be matched by funded cessation services to prevent dependent users from returning to cigarettes or illicit products. It urged the government to expand affordable counselling, approved medicines, and referral services through existing nicotine-dependence treatment frameworks, noting that commercial vapes are not substitutes for approved medical therapies.
Pledging to work constructively with the ministry’s public health leadership while maintaining independent scrutiny, MCTC outlined four immediate actions for the government.
First, it called on authorities to uphold the Poisons Act by maintaining controls over nicotine liquids and gels and explaining how Acts 366 and 852 will be enforced together. Second, it urged the Cabinet to transparently set a clear policy direction for the phased withdrawal and eventual prohibition of commercial nicotine-vape sales, complete with timelines and responsible agencies.
Third, the council insisted that strict conditions be applied to any exemption, establishing its necessity, narrow scope, duration, safeguards, and legally effective endpoint before it takes effect. Finally, MCTC called on the government to deliver comprehensive enforcement and cessation support by funding coordinated inspections, local-authority participation, treatment access, and regular public progress reporting.
“The present legal position is clear: nicotine liquids and gels used in vaping products are again subject to the Poisons Act,” MCTC said.
“That protection should be the starting point, not surrendered without compelling justification and transparent Cabinet-level safeguards.”
It added that Malaysia requires a phased path toward ending commercial nicotine-vape sales rather than another indefinite exemption, insisting that public health must determine both the destination and the route.
