Govt drops appeal against ruling on liquid nicotine exemption

 The Attorney-General’s Chambers issued a notice of discontinuance at the Court of Appeal today.

On May 15, the Kuala Lumpur High Court ruled in favour of three public health groups, declaring the government’s decision to remove liquid nicotine used in vapes and electronic cigarettes from the poisons list irrational.

PETALING JAYA:

The government has withdrawn its appeal against a High Court ruling that declared Putrajaya’s exemption of liquid nicotine from the poisons list unlawful.

CodeBlue reported that a senior federal counsel from the Attorney-General’s Chambers issued a notice of discontinuance at the Court of Appeal today.

According to the report, the notice stated that the health minister and the government wished to withdraw and discontinue the appeal against the respondents, with no order as to costs.

FMT has reached out to the health ministry for comment.

On May 15, the Kuala Lumpur High Court ruled in favour of three public health groups, declaring that the government’s decision to remove liquid nicotine used in vape and electronic cigarettes from the poisons list three years ago irrational.

Justice Aliza Sulaiman also found the exemption order irrational because it was made without properly consulting the Poisons Board.

The suit was filed by the Malaysian Council for Tobacco Control, the Malaysian Green Lung Association, and Voice of the Children.

In her ruling, Aliza, now a Court of Appeal judge, found that the exemption was driven primarily by economic considerations linked to the government’s plan to tax vape liquids containing nicotine.

She said the exemption created a legal gap in regulating nicotine vape products before the Control of Smoking Products for Public Health Act 2024 came into force on Oct 1, 2024.

She held that Parliament had never intended for nicotine vape products to remain unregulated during that period. - FMT