KUALA LUMPUR, 20 August 2026 — The Galen Centre for Health & Social Policy welcomes and strongly supports the recent decision by the Minister of Health and the Government of Malaysia to withdraw their appeal against the Kuala Lumpur High Court ruling which struck down the 2023 exemption of liquid and gel nicotine used in e-cigarettes and vape products from the Poisons List.

“This is the right decision and an important course correction. We commend Health Minister Dzulkefly Ahmad and the government for reconsidering their position, withdrawing the appeal and allowing the High Court judgment to stand,” said Azrul Mohd Khalib, Chief Executive of the Galen Centre for Health & Social Policy.

The Attorney-General’s Chambers filed a notice of discontinuance at the Court of Appeal on 18 August, withdrawing the government’s appeal in its entirety. The High Court had earlier found that the 2023 decision to exempt liquid and gel nicotine from the Poisons List was irrational and had been made without proper or adequate consultation with the Poisons Board.

“The withdrawal acknowledges the serious public health and governance concerns surrounding the 2023 decision. It also gives the government an opportunity to reset Malaysia’s approach to nicotine and vape regulation, with protecting children, young people and public health as the priority.”

The High Court’s findings were particularly significant because the Poisons Board had opposed the delisting on medical and public-health grounds.

“Decisions concerning the availability and regulation of nicotine cannot be driven principally by commercial interests or the ability to collect tax revenue. They must be grounded in science, public health and meaningful consultation with the statutory experts who are there precisely to provide such advice,” said Azrul.

“This decision should not be viewed as a defeat for the government. Governments must be able to recognise when a policy has produced harmful consequences, respond to evidence and change direction. That is responsible governance.”

“However, the withdrawal creates an urgent need for regulatory clarity. Is the retail sale of vape and e-cigarettes containing liquid and gel nicotine now banned?   With the High Court ruling now standing, questions remain about the legal status of liquid and gel nicotine, the retail sale of nicotine vape products, and how the Poisons Act 1952 and Act 852 are now intended to operate together. It is not status quo. Act 852 does not address the legal status of liquid and gel nicotine,” Azrul strongly emphasised.

“The Government previously argued that the liquid and gel nicotine exemption was needed to enable for vape and e-cigarettes containing these substances to be legally taxed and regulated. The removal of the exemption arguably restricts and even annuls that previous legality.”

“The Ministry of Health, Ministry of Domestic Trade and Cost of Living, Ministry of Finance must now provide clear and timely guidance to enforcement agencies, retailers, healthcare professionals and the public. Malaysia cannot afford another period of legal uncertainty or a regulatory vacuum involving addictive nicotine products.”

“The government should use this opportunity to move decisively towards ending the recreational retail sale of nicotine-containing vape and e-cigarette products. This would bring Malaysia to the same level as other countries in the region such as Thailand and Singapore. The withdrawal of the appeal should be the beginning of a more coherent public-health approach, not the end of the issue.”