The Health Ministry will introduce a new bill to regulate smoking products and devices in the next Parliament session, said Health Minister Dr Zaliha Mustafa.
The bill would include provisions ensuring comprehensive control over nicotine in liquids and gels used in e-cigarettes and vapes.
Zaliha made this announcement in light of criticisms surrounding the exemption of nicotine from the list of controlled substances under the Poisons Act 1952.
The minister said that an engagement session has been held with relevant stakeholders regarding this new bill, which will encapsulate policies such as Generational End Game (GEG).
"The Health Ministry takes note of the concerns, reactions and feedback in the mass media following the exclusion of liquids or gels containing nicotine, for the purpose of smoking, e-cigarettes or vapes, in the Poisons Act.
"The exemption was done in line with the tabling of Budget 2023 by Prime Minister Anwar Ibrahim, that the government will impose an excise duty on these products," she said in a statement today.
The exclusion of nicotine in the Poisons Act was done prior to the tabling of the Tobacco Control Bill, which is expected to be tabled in the next Parliament session.
According to an order paper gazetted yesterday by Zaliha, the Poisons Act is amended to exempt tobacco and smoking cessation products.
Also exempted from the Act is nicotine “preparation of a kind used for smoking through the electronic cigarette and electric vaporising device, in the form of liquid or gel”.
The Excise Duties (Amendment) Order 2023 was also gazetted by Anwar on March 29.
According to the order, an e-cigarette liquid or gel containing nicotine is subjected to an excise duty of 40 sen per millilitre. This tax is effective as of today.
Health news portal CodeBlue reported yesterday that the Poison Board had unanimously opposed the proposal to declassify liquid nicotine as a controlled substance in the government’s bid to tax e-cigarettes and vape.
The Poison Board - which acts as an independent body established under the Poisons Act - had reportedly held a meeting on March 29. This is the same day the amendment to Excise Duties was gazetted.
Quoting a source, CodeBlue reported that Health Ministry officials opposed exempting liquid nicotine from the control under the Poison Act.
However, the Finance Ministry allegedly requested the Health Ministry to exempt it to provide access to users and local manufacturers to produce the related products lawfully.
Zaliha had allegedly exercised her ministerial powers by gazetting the exemption despite the protests of the Poison Board and public criticism.
Concerns raised
Previously, Malaysian Medical Association president Dr Muruga Raj Rajathurai urged the government to get the Tobacco Control Bill passed first before the removal, so there will be control over the sale of vape products.
He claimed that once nicotine is removed from the Poisons Act, vape containing the substance can then be sold to the public legally, and with no control to prohibit the sale of these items to minors.
He added that this would give children unhindered access to vape products containing nicotine - which will lead to a whole new generation of children and young people becoming addicted.
The Control of Tobacco Product Regulations only covers nicotine within cigarettes and has controls in place to ensure cigarettes can only be sold to those above 18 years of age.
Meanwhile, the Malaysian Pharmacists Society said excluding nicotine from the Poisons Act would send the wrong message to the public, particularly young people, and could lead to an increase in the use of e-cigarettes and vaping.
The Poisons Act was established to protect the public from the dangers of hazardous substances - including nicotine - and to regulate their sale, supply and use. - Mkini
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