'Minister's excuse on nicotine exemption from Poisons Act unacceptable'

The Malaysian Medical Association (MMA) has expressed disappointment towards Health Minister Dr Zaliha Mustafa on the government's recent move to exempt nicotine from the Poisons Act.

According to its president Dr Muruga Raj Rajathurai, the minister admitted during a meeting on Wednesday that the situation is not ideal since the Control of Tobacco Product and Smoking Bill 2022 has not yet been passed.

Nevertheless, she had signed off on the nicotine exemption “with a heavy heart” to pave the way for vape liquids including those containing nicotine to be taxed beginning April 1.

Apart from the minister, Muruga said representatives from the MMA, Malaysian Pharmacists Society (MPS), National Cancer Society, Malaysian Council for Tobacco Control, and the Health Ministry attended the meeting.

“We have heard the ministry's explanation and still do not find the reasons given acceptable.

“The government could have waited just one or two more months for the Control of Smoking and Tobacco Products Bill 2022 to be tabled and passed first before proceeding with the exemption of nicotine from the Poisons Act.

“Health concerns must come first above all,” he said in a statement last night.

Tax purposes

Previously, Finance Minister Anwar Ibrahim had gazetted an order to impose an excise duty of 40 sen per millilitre on any e-cigarette liquid or gel containing nicotine, beginning April 1.

On March 31, Zaliha also gazetted an order amending the Poisons Act to exempt nicotine “preparation of a kind used for smoking through the electronic cigarette and electric vaporising device, in the form of liquid or gel”.

Health Minister Dr Zaliha Mustafa

Prior to this, nicotine is classified as a Group C poison and can only be dispensed by medical practitioners and pharmacists. The only exemptions were for tobacco (which is regulated separately under the Control of Tobacco Product Regulations 2004) and smoking cessation products such as nicotine gum and patches.

According to the health news portal CodeBlue, the minister had exercised ministerial powers to do so despite objections from the Poisons Board, which is an independent body established under the Poisons Act to advise the minister.

The Finance Ministry had reportedly asked the Health Ministry for the exemption for tax purposes, to allow users to access nicotine-containing vape products legally, and to legalise the manufacture of such products.

Minors at risk

Groups such as the MMA had previously warned that granting the exemption before the safeguards under the Tobacco Control Bill have been put in place would allow anyone, including minors, to legally purchase nicotine-containing vape products.

The substance is dangerous and highly addictive, the MMA reminded.

Zaliha had promised to introduce the bill in the next parliamentary session.

Now that the exemption is already in place, Muruga said the government must be accountable for its decision and show commitment towards the Generational End Game policy prohibiting the sale and use of smoking products (including vape) to people born on Jan 1, 2007, onwards.

This entails nationwide anti-vaping campaigns on mass and social media, and in communities.

“There is scientific evidence already available on the harmful effect of vaping on health. The MMA will support the government in these efforts.

“If we are late to address the issue of growing vape addiction in the country, all the tax revenue collected from the vape industry might not even be enough to pay for the medical costs to treat health issues caused by vape addiction,” he added. - Mkini