‘Removing nicotine as controlled substance falls short of UN treaty to protect children’

KUALA LUMPUR – Children’s Commissioner Farah Nini Dusuki has raised concerns that the removal of nicotine from the Poisons Act is not in line with Malaysia’s duty to protect children under the Convention on the Rights of the Child (CRC).

The Children’s Commissioner under the Malaysian Human Rights Commission said the removal of nicotine from the list of controlled substances might give children easy access to nicotine-based liquids and gels.

“(It may) implicitly permit the use of nicotine-related products by individuals under 18 years of age, as the prohibitive nature of Section 17 of the Poisons Act would no longer apply,” she said in a statement.

She added that under the United Nations’ CRC, Malaysia is committed to ensuring that every child has access to good healthcare. Malaysia is also required to carry out preventative healthcare measures to promote and defend this right under Section 2(f) of the CRC.

“This decision also goes against the spirit of the Child Act 2001, which acknowledges that children require special safeguards, care, and assistance, including protection from a smoke and nicotine-infested environment,” she said.

Farah also said the government’s move to reduce tobacco consumption by imposing a new excise duty on nicotine-based vape and e-cigarettes should not be mistaken for widening the door to new consumers of such products.

Farah also urged the current government to keep up the efforts of previous administrations in ensuring smoke-free environments. – The Vibes, April 5, 2023