Key Points
- Malaysia’s government withdrew its appeal against a High Court ruling on liquid nicotine regulation on August 18, 2026.
- The case involved the 2023 decision to remove liquid nicotine used in vape products from the Poisons Act 1952 scheduled poisons list.
- The High Court ruled that the decision was irrational and made without proper consultation with the Poisons Board.
- The withdrawal does not represent a new vape ban or a regulatory relaxation policy.
- The decision may affect the legal framework governing nicotine-containing vape products in Malaysia.
2Firsts
August 21, 2026
Malaysia’s government has withdrawn its appeal against a High Court ruling concerning the regulatory status of liquid nicotine used in vape and e-cigarette products, according to reports by New Straits Times on August 18, 2026.
The Attorney-General’s Chambers (AGC), representing the health minister and the government, filed a notice of discontinuance at the Court of Appeal, ending the appeal process against the High Court decision.
The notice, dated August 18, stated that the health minister and the Malaysian government wished to withdraw and discontinue the entire appeal against the respondents without orders as to costs.
The case concerns whether liquid nicotine used in vape and e-cigarette products should remain regulated under the Poisons Act 1952.
Court Previously Overturned Liquid Nicotine Exemption Decision
The government’s withdrawal follows a Kuala Lumpur High Court ruling issued on May 15, 2026.
In 2023, Malaysia removed liquid nicotine and nicotine gels used in vape and e-cigarette products from the scheduled poisons list through amendments to the Poisons List.
The move was linked to the government’s plan to establish taxation for nicotine-containing vape liquids.
Three non-governmental organisations — the Malaysian Council for Tobacco Control, Malaysian Green Lung Association and Voice of the Children — subsequently filed a judicial review application challenging the decision.
On May 15, Justice Aliza Sulaiman ruled that the government’s decision to remove liquid nicotine from the poisons list was “irrational” and made without proper or adequate consultation with the Poisons Board.
The court also found that the decision was ultra vires Section 6 of the Poisons Act 1952.
Appeal Withdrawal Leaves Regulatory Questions
Following the High Court ruling, Health Minister Dzulkefly Ahmad and the Malaysian government filed an appeal challenging the decision.
According to CodeBlue, a senior federal counsel from the Attorney-General’s Chambers submitted a notice of discontinuance at the Court of Appeal on August 18, ending the government’s appeal.
The withdrawal means the government will no longer continue its challenge against the High Court ruling through the appeal process.
However, the move does not itself represent a new vape regulation or a formal ban.
CodeBlue reported that it remains unclear whether the withdrawal means retail sales of nicotine vape products would effectively become illegal, as the legal status of liquid nicotine remains linked to the interpretation of the Poisons Act.
Liquid Nicotine Regulation at the Centre of Legal Dispute
The legal dispute focuses on the classification of liquid nicotine under Malaysia’s regulatory framework.
The case concerns:
● liquid nicotine used in vape products;
● whether nicotine-containing vape products should remain subject to the Poisons Act 1952.
The ruling does not directly create a new regulation covering all vape devices or all electronic cigarette products, but instead addresses the legal basis for regulating nicotine-containing vape products.
For the vaping industry, attention is now focused on how Malaysia addresses:
● regulatory authority over liquid nicotine products;
● import and sales compliance requirements;
● existing tax and regulatory arrangements.
Malaysia Enters New Regulatory Review Phase
Malaysia has continued adjusting its regulatory framework for vape and nicotine products in recent years.
The Control of Smoking Products for Public Health Act 2024, which came into force in 2024, established a broader framework for regulating smoking products including vape products.
The liquid nicotine court ruling and the government’s decision to withdraw its appeal have renewed attention on how nicotine products are regulated across different legal frameworks.
Further government action, including potential legislative or regulatory changes, remains to be seen.
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Cover Image source: New Straits Times
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