Nicotine has historically been regulated as a poison under Malaysia’s Poisons Act 1952. This changed in March 2023, when the Government gazetted an amendment to exempt nicotine preparations in the form of liquid or gel intended for use in electronic cigarettes and electronic vaporising devices from the Poisons Act. The move subsequently became the subject of public and parliamentary debate.
In the 2023 Budget the Government proposed an excise duty on vape liquids containing nicotine. CodeBlue reported in 2026 that the Poisons Board had unanimously rejected a proposal to exempt liquid and gel nicotine from control in 2023.
On 31 March 2023 the then Health Minister, Dr Zaliha Mustafa, gazetted the Poisons (Amendment of Poisons List) Order 2023, which exempted nicotine preparations in liquid or gel form for use in electronic cigarettes and vaporising devices from the Poisons List. It took effect on 1 April 2023.
The excise order at 40 sen per millilitre is the Excise Duties (Amendment) Order 2023, P.U.(A) 98/2023, made under subsection 6(1) of the Excise Act 1976. It was signed by the Finance Minister on 29 March 2023, gazetted on 31 March 2023 and came into operation on 1 April 2023.
Three public health organisations challenged that exemption: the Malaysian Council for Tobacco Control, the Malaysian Green Lung Association and Voice of the Children. On 15 May 2026 Justice Datuk Aliza Sulaiman of the Kuala Lumpur High Court allowed their application. She declared the exemption irrational, and declared it was inserted without proper consultation with the Poisons Board and so ultra vires* section 6 of the Poisons Act 1952, finding that the decision was motivated primarily by economic reasons connected to the planned excise duty. The court made declarations only: the 2023 order was not quashed and has not been repealed. She made no order as to costs, on the basis that the matter was of public interest.
The Health Minister and the Government filed a notice of appeal on 12 June 2026 against the whole judgment. No stay of the High Court decision was reported. On 18 August 2026 the Attorney General’s Chambers filed a notice of discontinuance at the Court of Appeal and withdrew the appeal in full, again with no order as to costs. The Attorney General, Tan Sri Mohd Dusuki Mokhtar, was reported as saying the appeal was dropped because Act 852 already provides a framework for regulating the sale and use of nicotine vape products.
The Ministry of Health has not stated what the judgment means for retail sale. The Malaysian Medical Association, the Malaysian Pharmacists Society, MyWatch and the Galen Centre for Health and Social Policy all asked for that clarification on 19 and 20 August 2026. On 26 August 2026 the Ministry of Domestic Trade and Cost of Living (KPDN) said primary control over vape and nicotine sits with the Ministry of Health, as CodeBlue reported on 27 August. This issue was also raised by Members of Parliament between 2 and 3 September 2026.
On 26 August 2026 the Health Minister said the Ministry would call a media briefing to explain the withdrawal, and that it would be held before the ASEAN health ministers’ meeting in early September. The 17th ASEAN Health Ministers Meeting was held in Kuala Lumpur from 7 to 11 September 2026. CodeBlue reported on 11 September that the promised briefing had not been called.
As at 23 October 2026 we have not seen a report that the media briefing took place. Some commentators, including the Galen Centre’s CodeBlue, read the judgment as a de facto ban on nicotine vape retail. Others point to the Attorney General’s stated reliance on Act 852.
Until the Ministry of Health or the Ministry of Finance says otherwise, MOVE treats the position as unresolved.
Sources: [2026] MLJU 3232, grounds dated 24 July 2026 · The Star, “Govt decision to de-list liquid nicotine from Poisons Act ‘irrational’, rules High Court”, 15 May 2026 · The Edge Malaysia, May 2026 · Free Malaysia Today, “Govt drops appeal against ruling on liquid nicotine exemption”, 18 August 2026, for the notice of discontinuance · New Straits Times, 19 August 2026, for the Attorney General’s statement · Free Malaysia Today, “Is sale of vapes with nicotine liquids, gels now banned, govt asked”, 20 August 2026 · Free Malaysia Today on the promised media briefing, 26 August 2026 · The Star on the ASEAN health ministers’ meeting, 5 September 2026 · Bernama on the close of the 17th ASEAN Health Ministers Meeting, 11 September 2026 · CodeBlue on the briefing, 11 September 2026 · MAICSA, “Federal Gazette: Amended Orders and Regulations 2023” and Malay Mail, 31 March 2023, for the excise order · CodeBlue, “Explainer: Three Options For Putrajaya After Withdrawing Nicotine Appeal”, 1 September 2026, for the Poisons Board rejection. CodeBlue is published by the Galen Centre, which supported the case; we cite it by name in the text above rather than as neutral wire copy.
* “Ultra vires” means beyond the powers the law gives. The court found the order was made without the consultation section 6 of the Poisons Act 1952 requires.
