KUALA LUMPUR, 15 June 2026 — The decision reportedly taken by the Minister of Health and the Government of Malaysia to appeal the Kuala Lumpur High Court’s 15 May 2026 decision striking the 2023 exemption of liquid and gel nicotine used in e-cigarettes and vape products from the Poisons List is disappointing. This decision is not in the interest of the Malaysian public, and represents a danger to public health.

“The High Court decision was a victory for child protection, public health, good governance, and the rule of law. It confirmed what public health advocates, medical professionals, and children’s organisations had warned from the start that the 2023 Order exempting liquid and gel nicotine was a disastrous policy decision,” said Azrul Mohd Khalib, Chief Executive of the Galen Centre.

“For more than a year, the Order created a dangerous regulatory loophole and exposed children and young people to addictive nicotine products. It also opened the door to more serious problems including narcotic-laced vape liquids. The Order prioritised revenue collection over health, a fact the Court recognised.”

“It is appalling that for a second time, a Health Minister has taken a position which appears contrary to public health and supportive of nicotine, e-cigarettes, vape products, and nicotine delivery devices. The Ministry of Health defends the health of Malaysians. It does not need to defend a decision which enabled the proliferation of addictive products among children and young people. We stand in solidarity with the healthcare professionals in the Ministry who must be dismayed and disappointed by this decision.”

“The harm from that Order has been extensive and predictable. Vape products became widely and easily accessible, aggressively marketed, and increasingly normalised, including among minors.”

“The High Court’s decision should have been accepted by the government as an opportunity to correct this policy mistake to restrict the sale of these devices containing nicotine. In 2025, the current Health Minister even declared publicly of the Government’s intention to move towards a nationwide vape and e-cigarette ban this year. He said that the issue was no longer whether Malaysia would ban vape, but when such a ban would be implemented.”

“This appeal contradicts this statement and sends the message that the government remains more concerned with preserving a failed policy than protecting the public from nicotine addiction and the harms associated with vaping. It undermines that commitment and creates confusion over the government’s actual position. Even the police are desperately calling for a ban on these devices.”

“The Malaysian police have called for a nationwide ban on e-cigarettes and vape devices following the discovery of vape liquids laced with dangerous synthetic narcotics, including fentanyl and psychoactive chemicals. These developments show that vape devices are now also a drug enforcement, youth protection, and becoming a public safety crisis.”

“The government should withdraw its appeal and any stay application. Instead it should move decisively toward ending the sale of vape and e-cigarette products in Malaysia.”

“Malaysia cannot claim to be simultaneously moving toward a vape ban while appealing this court decision. These two positions are not compatible. It does not make sense.”

“Malaysia’s current approach stands in stark contrast to its neighbours. Countries in Southeast Asia, including Singapore, Thailand, Brunei, Cambodia, Laos, Vietnam, and Myanmar, have taken stronger positions by restricting or banning e-cigarettes, electronic nicotine delivery systems, and heated tobacco products. Malaysia should not be moving backwards while its neighbours are strengthening public health protections.”

“The Health Minister should stand with children, parents, doctors, public health experts, and the rule of law. “

He and the government must withdraw the appeal and any application for a stay of execution of the High Court’s judgement. Failing to do so would make this a legacy of the Madani government.”

The government must stop trying to defend the indefensible.