PETALING JAYA: The Malaysian Council for Tobacco Control has accused health minister Dr Zaliha Mustafa of using her ministerial powers to overrule the Poisons Board, which voted against exempting nicotine liquids and gels from the Poisons Act.
The Poisons Board had voted against the exemption to protect people from getting addicted to nicotine, said the council’s chairman, Dr M Murallitharan.
“But the minister used her powers to overrule the decision,” he told FMT.
In a gazette notice published yesterday, the health ministry said exemption from poisons control had been granted for nicotine liquids and gel, used for e-cigarettes and vapourising (vape) products.
The exemption clears the way for over-the-counter sales of the two nicotine products as well as nicotine patches used to stop smoking.
Without the exemption, products containing nicotine could only be obtained on prescription from doctors or pharmacies.
Murallitharan now fears the repercussions of the exemption.
‘No laws against use by children’
He said: “A child can now vape without any legal repercussions because there’s no laws against this.”
He also said he was no longer confident that the generational end game bill would now be tabled. The bill seeks to ban the use, possession and sale of cigarettes and vape products to those born after 2007.
“Even if it is tabled and passed in June or July this year, there would already be new addicts, and it would include children as well.”
Azrul Khalib, CEO of the Galen Centre for Health and Social Policy a health think tank, was also disappointed with the announcement, saying that it was done without taking children’s health into consideration.
‘No safeguards now’
“The decision was made with no thought of the fact that there is no legislation or regulation able to prevent, restrict or prohibit the manufacturing, marketing and selling of vape products that are deliberately intended for young consumers and contain high nicotine content, he said.
“It removes the final barrier which could have provided some form of limit or control, now there are no safeguards (for the children and young consumers).”
Azrul added that the Tobacco and Smoking Control Bill must be tabled, voted and passed in the Parliament, in order to provide some form of regulation over liquids and gels containing nicotine following the gazette.
“We need it to patch up this gaping hole which we have deliberately created.” - FMT
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