High Court Sets May 15 For Ruling On Vape List Challenge By NGOs

KUALA LUMPUR, Jan 28 (Bernama) -- The High Court today set May 15 to deliver its ruling on an application for a judicial review filed by three non-governmental organisations (NGOs) against the government's decision to exempt vape liquids and gels from the Poisons List.

Judge Datuk Aliza Sulaiman fixed the date after hearing submissions from counsel K Shanmuga, who represented the NGOs, the Malaysian Council for Tobacco Control, Malaysian Green Lung Association, and Voice of the Children.

Senior federal counsel Nurhafizza Azizan and federal counsel Afiq Zainal Abidin appeared for the respondents, the Health Minister and the government.

Earlier, Shanmuga argued that the March 31, 2023, decision to remove liquid nicotine from the Poisons List had effectively deregulated vape products, thereby making it legal to sell them to children.

“This situation went on for close to 17 months, until the Control of Smoking Products for Public Health Act 2024 (Act 852) finally came into force in October 2024,” he submitted.

He further asserted that the issue before the court is a live one of public importance, as its outcome will benefit the public and guide future conduct regarding the Poisons Act.

Meanwhile, Nurhafizza submitted that the Control of Smoking Products for Public Health Bill 2023 has been tabled and passed by Parliament on Nov 30, 2023.

"Among the provisions contained in the Bill are the prohibition of sale and consumption of smoking, tobacco products, smoking products and tobacco substitute products to minors.

"The respondents submit that with the approval of the Bill, there are no more gaps in the law relating to control of consumption and selling of vape and electronic cigarettes to the public at large and especially to minors," she said.

Nurhafizza further submitted that the then Health Minister, Datuk Seri Dr Zaliha Mustafa, had clearly exercised the power conferred by Section 6 of the Poisons Act 1952 when making the decision.

She submitted that Section 6 specifically empowers the Minister to amend the Poisons List, and that the required consultation with the Poisons Board had in fact been carried out on March 29, 2023.

"The decision was not illegal as it was well within the law," she said, adding that in light of this recent development, the application for judicial review was now moot.

The NGOs filed their application for judicial review on June 30, 2023, seeking a declaration that the Poisons (Amendment of Poisons List) Order 2023, specifically the clause dated March 31, 2023, excluding vape liquids and gels, was an irrational exercise of power.

The applicants further seek a declaration that the introduction of this exemption was conducted without proper and adequate consultation with the Poisons Board, rendering it ultra vires Section 6 the Poisons Act 1952. 

-- BERNAMA