Ministry ponders legal action after nicotine exemption quashed

 The health ministry says it would consult the Attorney-General's Chambers and study the legal issues before deciding on its next move.

The health ministry decided in 2023 to remove liquid and gel nicotine from the poisons list, a move challenged by public health groups. Last week, the High Court quashed the exemption. (EPA Images pic)

PETALING JAYA:

The health ministry will consult the Attorney-General’s Chambers soon before deciding on its next step following a High Court ruling quashing a government decision to remove liquid and gel nicotine from the poisons list.

The ministry said it would study the legal issues arising from the recent decision, including possible further legal action.

The case concerns the government’s decision in 2023 to exempt liquid and gel nicotine, used in vape products, from being listed as a poison, a move challenged by public health groups.

Last week, the High Court ruled that the decision was unlawful and irrational as it was made without properly consulting the Poisons Board.

Public health groups had opposed the exemption, which made nicotine vape products easier to sell. The government said the move was needed to bring the vape industry out of the black market so it could be monitored and taxed.

The ministry said it remained committed to strengthening tobacco and smoking product controls, especially to protect children and young people.

Former health minister Dr Zaliha Mustafa, who signed the 2023 exemption order, said yesterday that she had been informed the ministry would appeal against the ruling. - FMT