Key Points
- Malaysia’s Health Ministry will explain the government’s decision to withdraw its appeal in the liquid nicotine vape case.
- The High Court previously ruled that the government’s exemption of liquid nicotine from the Poisons List was irrational.
- The issue involves the relationship between the Poisons Act 1952 and the Control of Smoking Products for Public Health Act 2024.
- The government said withdrawing the appeal does not mean it will stop regulating vape products.
- The future legal framework for nicotine vape products remains under discussion.
2Firsts
August 28, 2026
According to Free Malaysia Today on August 26, 2026, Malaysia’s Health Minister Dzulkefly Ahmad said the Health Ministry would hold a media briefing to explain the government’s decision to withdraw its appeal against a High Court ruling concerning the regulatory status of liquid nicotine used in vape products.
The case concerns Malaysia’s 2023 decision to remove liquid nicotine used in vape and electronic cigarette products from the scheduled poisons list under the Poisons Act 1952. The High Court previously ruled that the exemption decision was irrational and found that the process lacked adequate consultation with the Poisons Board.
Government Faces Questions After Dropping Appeal
Malaysia withdrew its appeal against the High Court ruling in August 2026.
Dzulkefly said he had submitted a Cabinet memorandum outlining the Health Ministry’s position and that the decision involved several legal and policy implications.
He said the issue was closely linked to the relationship between the Poisons Act 1952 and the Control of Smoking Products for Public Health Act 2024.
The minister said the government needed to ensure that the two legal frameworks were aligned.
Withdrawal Does Not Mean End of Vape Regulation
Dzulkefly emphasized that the decision not to continue the appeal did not mean the government would stop regulating vape products.
He said Act 852 would continue to be enforced to protect minors and public health.
The minister said further details, including the government’s approach toward open-system vape products, would be explained during the planned briefing.
Regulatory Alignment Becomes Industry Focus
The dispute centers on how liquid nicotine products should be regulated under Malaysia’s legal framework.
The High Court previously found problems with the government’s decision to remove liquid nicotine from the poisons list.
Following the withdrawal of the appeal, industry stakeholders are watching how authorities will address:
● the legal status of liquid nicotine products;
● the interaction between the Poisons Act and Act 852;
● the treatment of products already registered or operating under existing requirements.
For vape manufacturers, importers and retailers, regulatory clarity will remain a key factor in future market operations.
Malaysia Enters New Phase of Vape Policy Review
Malaysia has continued to strengthen oversight of tobacco and nicotine products.
The Control of Smoking Products for Public Health Act 2024 established a new regulatory framework covering smoking products and vape products.
The government’s upcoming explanation of the appeal withdrawal and future regulatory approach may shape the next phase of Malaysia’s nicotine product market.
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Cover Image Source: Free Malaysia Today
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