Drop appeal on vape nicotine ruling, says think tank

The Kuala Lumpur High Court had ruled on May 15, 2025 that the health ministry’s 2023 decision to remove liquid and gel nicotine from the poisons list was unlawful and irrational.

PETALING JAYA: The Galen Centre for Health and Social Policy has urged the health minister and the government to withdraw an appeal of a High Court ruling that struck down a ministerial order exempting liquid and gel nicotine from the poisons list

Its CEO, Azrul Khalib, said it was “appalling” that a health minister had again taken a position that was not in the interest of public health.

He also pointed to the minister’s previous statement in 2025 that Malaysia was moving towards a nationwide vape ban.

“Malaysia cannot claim to be simultaneously moving towards a vape ban while appealing this court decision. These two positions are not compatible,” he said in a statement today.

The health ministry decided in 2023 to remove liquid and gel nicotine from the poisons list, a move challenged by public health groups.

On May 15 last year, the Kuala Lumpur High Court ruled that the decision was unlawful and irrational as it was made without properly consulting the Poisons Board, with the health ministry then stating it was considering possible further legal action.

Health news portal CodeBlue earlier reported that a notice of appeal was filed on June 12.

FMT has reached out to the health ministry for comment.

Azrul said the government should have accepted the High Court’s decision and treated it as an opportunity to correct what he described as a policy mistake.

He added that continuing with the appeal sent the message that the government was prioritising a “failed policy” over public health concerns on nicotine addiction and vaping.

“It undermines that commitment and creates confusion over the government’s actual position. Even the police are desperately calling for a ban on these devices,” he said.