Vape is regulated in Malaysia, not banned nationally. No national ban has been passed, and as at 23 October 2026 no ban bill has been published or tabled in Parliament. The law that governs it is the Control of Smoking Products for Public Health Act 2024, known as Act 852, which has been in force since 1 October 2024. Act 852 sets rules on how vape is sold, displayed and advertised, and on the products themselves. It does not prohibit vape.
That is not a simple yes, for two reasons. A High Court ruling in May 2026 has left the legal position on selling nicotine e-liquid unsettled, and the Ministry of Health has not said what the ruling means for retail sale. Separately, seven states restrict vape sales through business licensing.
The position described here is as at 23 October 2026. This is a summary of the public record, not legal advice.
What the law says today
Act 852 received royal assent on 24 January 2024, was gazetted on 2 February 2024 and came into force on 1 October 2024 (Skrine, October 2024). It regulates vape rather than banning it.
Since 1 October 2024 the Act has prohibited sale to anyone under 18, online sale, sale through vending machines and at educational institutions, products in game or toy formats, and the advertising, promotion and sponsorship of smoking products. The ban on displaying products at the counter came into force on the same date and has been enforced from 1 April 2025. Product registration and a nicotine cap of 20 mg/ml followed on 1 October 2025.
The packaging and labelling regulations, P.U.(A) 261/2024, also lower the maximum volume of a disposable cartridge or pod from 3 ml to 2 ml from 1 October 2026. The regulation took effect on that date by its own terms. We have seen no Ministry statement or enforcement report on it.
A general prohibition would need its own legislation, or an order under section 21 of the Act. Such an order needs a committee’s recommendation, the Minister’s satisfaction that the situation is acute or critical, and publication in the Gazette. We have seen no such order. The detail of what the Act covers is on our Act 852 explained page, and the dated record of each change is on Where the law stands.
The Poisons List ruling, and why nicotine e-liquid is the unsettled part
On 15 May 2026 the Kuala Lumpur High Court declared the 2023 exemption of nicotine liquid and gel from the Poisons List irrational and ultra vires section 6 of the Poisons Act 1952. The court made declarations only: the 2023 order was not quashed and has not been repealed. The challenge was brought by the Malaysian Council for Tobacco Control, the Malaysian Green Lung Association and Voice of the Children. Justice Datuk Aliza Sulaiman held that the exemption was irrational and that the consultation with the Poisons Board fell short of what section 6 of the Poisons Act 1952 requires. As CodeBlue reported on 15 May 2026, she also found the decision “motivated by primarily economic reasons” connected to the excise duty.
The Government filed a notice of appeal on 12 June 2026 and withdrew it by notice of discontinuance on 18 August 2026 (CodeBlue, 18 August 2026). The ruling stands.
The ruling does not itself say what happens to retail sale, and the question is being read in two ways.
- The Attorney General, Tan Sri Mohd Dusuki Mokhtar, said in a statement on 19 August 2026 that Act 852 provides a sufficient legal framework to regulate the sale and use of nicotine vape products, and that this was among the main reasons for withdrawing the appeal (New Straits Times, 19 August 2026). The statement, as reported, did not address the status of nicotine under the Poisons Act.
- CodeBlue argued on 18 May 2026 that the ruling marks a de facto ban on nicotine vape retail, because liquid nicotine is once again a scheduled poison “that can only be dispensed by a licensed pharmacist or a registered medical practitioner”. CodeBlue is published by the Galen Centre for Health and Social Policy, which supported the case.
The Ministry of Health has not published what the ruling means for retail sale. On 26 August 2026 the Health Minister said the ministry would call a media briefing before the ASEAN health ministers’ meeting (Free Malaysia Today, 26 August 2026). That meeting was held in Kuala Lumpur from 7 to 11 September 2026 (Bernama, 11 September 2026). As at 23 October 2026 we have not seen a report that the briefing took place. Health groups including the Malaysian Medical Association and the Malaysian Pharmacists Society asked for clarification on 19 and 20 August 2026 (CodeBlue and Free Malaysia Today, 19 August 2026). Members of Parliament from Parti Keadilan Rakyat, Perikatan Nasional, Amanah and MCA raised the same question on 2 and 3 September 2026 (CodeBlue, 2 and 3 September 2026).
In the meantime, the Customs Department continues to collect excise duty on nicotine e-liquid (CodeBlue, 11 September 2026). The duty has been charged at 40 sen per ml since 1 April 2023, with collection beginning in May 2023. RM354.51 million had been collected by 11 June 2026, according to the Ministry of Health’s written reply in the Dewan Negara (The Star, 30 July 2026). Continued collection does not settle whether retail sale is lawful, and two MPs have called for the duty to be refunded (CodeBlue, 2 September 2026). The figures and their caveats are on our Tax and excise page.
Until the Ministry of Health or the Ministry of Finance says otherwise, MOVE treats the position on the retail sale of nicotine e-liquid as unresolved and reports both readings.
The proposed national ban
On 16 December 2025 the Health Minister, Datuk Seri Dr Dzulkefly Ahmad, said the decision had been made at Cabinet level to move towards a ban. “It is not about whether we ban vape or not, but when,” he said (The Star, 16 December 2025). The Star reported the ministry’s target as mid-2026 or, at the latest, the end of the year, subject to the necessary regulatory and legislative processes.
An agreement in principle at Cabinet is not a law. The mid-2026 target has passed, and as at 23 October 2026 no bill has been published or tabled. The Dewan Rakyat began a 37-day sitting on 5 October 2026, which runs to 8 December (Bernama, 5 October 2026). The Star’s preview of the sitting, published on 3 October 2026, made no mention of vape. The Hansard for the sitting days published up to 21 October 2026 records no vape, GEG or Poisons bill and no ministerial statement on vape. Budget 2027 was tabled on 9 October 2026. The budget speech does not mention vape, tobacco or excise duty, and the Budget made no change to vape excise (Ministry of Finance, Budget 2027 documents). MyWATCH, a tobacco-control group, said the Budget carried no clear commitment to ban the commercial sale of vape (CodeBlue, 13 October 2026). We will update this article if that changes.
The seven states that restrict sales
Seven states restrict vape sales through business licensing: Kelantan, Johor, Terengganu, Perlis, Pahang, Kedah and Perak (New Straits Times, 1 October 2025). A state cannot repeal federal law. It can decline to issue or renew the business licences a shop needs to sell vape.
Kelantan has issued no vape sale licence since 2013 (Bernama, 18 June 2025), and Johor has issued none since 1 January 2016 (Bernama, 24 November 2024). Perak became the seventh state when it stopped issuing new licences and renewals from 1 January 2026. Traders who still held valid licences were given until October 2026 to stop selling (New Straits Times, 5 January 2026). A judicial review of Perak’s decision was filed in the Ipoh High Court on 18 March 2026, and we have seen no report of a hearing or a decision (New Straits Times, 21 August 2026).
The detail for each state is on our State by state page.
Why the answer keeps changing
Three different things are often reported as “the vape ban”: the Cabinet’s decision in principle of December 2025, the licence refusals in seven states and the Poisons List ruling of May 2026. None of them is a national law that prohibits vape. Our Where the law stands page explains why many people believe vape is already banned.
What MOVE says
MOVE is an independent, non-profit organisation, and we do not sell any products. Our position is this: “We respectfully believe that a ban will not work. Strict and enforceable regulation can protect consumers better. It can also support legitimate businesses and maintain public revenue.”
In September 2026 MOVE asked the Government and the Ministry of Health to clarify the conflict between Act 852 and the Poisons Act (Free Malaysia Today, 7 September 2026). Our full position is on What we stand for, and the strongest criticisms of MOVE, with our responses, are on the case against us.