If vape is banned in Malaysia, why is it still sold? The short answer is that there is no national ban law. As at 23 October 2026 we have not seen a ban bill published or tabled, and none of the bills read for the first time in the Dewan Rakyat sitting that opened on 5 October concerns vape (Dewan Rakyat Hansard, 5 to 21 October 2026). The Star listed no vape bill in its preview of 3 October 2026. Nicotine vape is still on sale while two readings of the law stand side by side: Act 852 regulates it as a smoking product, and a High Court ruling on the Poisons List has not been turned into a clear rule on who may sell nicotine e-liquid. The Ministry of Health has not said which reading it will apply.
The confusion is understandable. Two laws cover one product, and there has been a court ruling, an appeal that was filed and then withdrawn, continued tax collection and, so far, no guidance from the Ministry. This article sets the two laws side by side. It is not legal advice, and our policy tracker carries the maintained, dated position.
The position described here is as at 23 October 2026.
Two laws, one product
The first is the Poisons Act 1952. Nicotine is a Group C poison under its First Schedule, and Group C poisons may be sold or supplied by retail only by a registered medical practitioner, dentist, veterinary surgeon or pharmacist, as a medicine or for treatment ([2026] MLJU 3232, paragraph 16).
On 31 March 2023 the then Health Minister, Dr Zaliha Mustafa, made the Poisons (Amendment of Poisons List) Order 2023, P.U.(A) 93/2023. It exempted nicotine in liquid or gel form for electronic cigarettes and vaporising devices from 1 April 2023, the same day excise duty of 40 sen per ml on nicotine e-liquid began. Collection started in May 2023, as our tax page sets out. The court later found that the exemption was “motivated primarily by economic reasons of tax benefits and revenue collection”.
The second is the Control of Smoking Products for Public Health Act 2024 (Act 852), in force since 1 October 2024. It regulates the sale, advertising, registration, packaging, labelling and display of smoking products, vape included. It registers products, not retailers, and there is no federal vape retailer licence. The detail is on our Act 852 page.
What the court decided on 15 May 2026, and what it did not
Three public health organisations brought the challenge: the Malaysian Council for Tobacco Control, the Malaysian Green Lung Association and Voice of the Children. On 15 May 2026 Justice Aliza Sulaiman of the Kuala Lumpur High Court allowed their application. She declared the exemption irrational, and declared that it was made without proper or adequate consultation with the Poisons Board and was therefore ultra vires section 6 of the Poisons Act 1952 (The Star, 15 May 2026). The grounds of judgment record that the application was allowed with no order as to costs ([2026] MLJU 3232, paragraph 111).
The court granted declarations, as the applicants had sought. It did not make a quashing order, and its grounds of judgment, dated 24 July 2026, record that the 2023 order “has not been repealed”. The judgment does not say who may sell nicotine e-liquid today, and that gap is where the two readings below come from.
The appeal that was withdrawn
The Government filed a notice of appeal against the whole ruling on 12 June 2026. On 18 August 2026 the Attorney General’s Chambers issued a notice of discontinuance at the Court of Appeal, withdrawing the appeal with no order as to costs (CodeBlue and FMT, 18 August 2026). The 15 May ruling stands.
The Attorney General, Tan Sri Mohd Dusuki Mokhtar, said Act 852 “provides a sufficient legal framework to regulate the sale and use of nicotine-containing vape products”. NST, reporting on 19 August 2026, gave this as one of the main reasons for withdrawing the appeal.
On 26 August 2026 the Health Minister said the decision not to appeal did not mean the Government would stop regulating vaping, and that Act 852 would continue to be enforced to protect minors and public health. He also said the Ministry would call a media briefing before the ASEAN health ministers’ meeting (FMT, 26 August 2026).
Why is vape still sold if the ruling stands?
On one reading, the exemption fell with the declaration, so nicotine e-liquid is back in Group C and ordinary retail sale may be an offence. Kee Shu Min, one of the applicants’ lawyers, said that anyone selling or supplying nicotine products, other than those legally authorised, “could potentially be committing an offence”, and that the impact was more likely to be felt by sellers than by consumers (CodeBlue, 25 May 2026). CodeBlue, which is published by the Galen Centre for Health and Social Policy, a supporter of the case, argued on 4 September 2026 that by the same logic “nicotine vapes are also illegal”.
On the other, the Government’s own stated basis is that Act 852 already regulates the sale and use of these products. The Health Minister said so on affidavit in October 2024 (grounds of judgment, paragraph 72), and the Attorney General gave it as a reason for withdrawing the appeal. Neither is a ruling on retail sale, and the court did not adopt that argument as the answer to the question.
CodeBlue reported on 11 September 2026 that the Customs Department continued to collect excise duty on nicotine e-liquid despite the ruling and the withdrawn appeal. In its 4 September analysis, CodeBlue also wrote that without the Ministry of Finance suspending collection, “it’s understandable for the industry to continue selling nicotine vapes to adults under Act 852”, in its view.
The Ministry of Domestic Trade and Cost of Living (KPDN) said on 26 August 2026 that vape and nicotine do not fall under its jurisdiction, and that primary control sits with the Ministry of Health (CodeBlue, 27 August 2026). So both readings are in public, excise was still being collected as at 11 September, and the Ministry of Health has yet to say which reading it applies.
What has not been answered
After the withdrawal, the Malaysian Pharmacists Society, the Malaysian Medical Association and MyWatch publicly asked for clarification (CodeBlue, 19 August 2026), as did the Galen Centre. Members of Parliament asked the same question in early September; their criticism of continued excise collection, and our response, are on our case against us page.
The 17th ASEAN Health Ministers Meeting was held in Kuala Lumpur from 7 to 11 September 2026. CodeBlue reported on 11 September that the briefing had not been called. As at 23 October 2026 we have not seen a report of any briefing, clarification or guidance from the Ministry of Health on retail sale.
If you run a shop
This is not legal advice. Where a licence or stock is at risk, take proper legal advice. The Ministry of Health has not said whether ordinary retail sale of nicotine e-liquid is lawful after the ruling, and we do not answer that question on its behalf.
Some things are settled whatever the answer. The Act 852 rules on sale to minors, online sale, display, product registration and the 20 mg per ml nicotine limit continue to apply. The rules are set out on our compliance page.
State licensing is a separate layer. Seven states restrict vape sales through business licensing, so what a shop may do also depends on where it trades (see our state restrictions page).
Where MOVE stands
On 7 September 2026 MOVE called on the Government and the Ministry of Health to give a prompt explanation, to resolve the conflict between Act 852 and the Poisons Act, and to choose strict regulation over a blanket ban (FMT, 7 September 2026). Our statement the next day said: “Malaysia has already taken an important step by enacting the Control of Smoking Products for Public Health Act 2024 (Act 852). What is needed now is clarity and consistency in how the law is implemented.” (Malay Mail, 8 September 2026)
We respectfully believe that Act 852 should remain the framework. In that statement we called for regulation rather than prohibition, for a system of registered retailers who act as gatekeepers against sales to minors, and for strict requirements on product safety, traceability, ingredient transparency and age verification. We do not sell any products, and we are ready to engage with the Government.
We will update this article when the Ministry of Health clarifies the position. Until then, our policy tracker carries the latest dated position.