According to a Free Malaysia Today report on August 26, 2026, Malaysian Health Minister Dzulkefly Ahmad stated that the Ministry of Health will hold a media briefing to explain the government’s decision to withdraw its appeal against the High Court’s ruling on the regulation of liquid nicotine vapes.
Previously, the High Court ruled that the government’s decision to remove liquid nicotine from the controlled substances list under the Poisons Act 1952 was unreasonable. The Health Minister stated that withdrawing the appeal does not mean the government will cease regulating vapes, and future regulations will still be implemented within the relevant legal framework.
Key Points of Malaysia’s Liquid Nicotine Case
- The Malaysian Ministry of Health plans to explain the reasons and impact of the government’s withdrawal of its appeal in the case concerning the regulation of liquid nicotine vapes.
- The High Court previously ruled that the government’s 2023 decision to remove liquid nicotine from the poisons list was “unreasonable.”
- The Health Minister stated that the withdrawal of the appeal involves the legal connection between the Poisons Act 1952 and the Public Health Smoking Products Control Act 2024.
- The government stated that not appealing does not mean ceasing the regulation of vape products.
- The future direction of vape regulation in Malaysia remains a focus of attention for the industry, public health organizations, and policymakers.
Malaysia to Explain Withdrawal of High Court Appeal
On August 28, 2026, according to a report by Free Malaysia Today on August 26, 2026. Malaysian Health Minister Dzulkefly Ahmad stated that the Ministry of Health will clarify the government’s decision to withdraw its appeal regarding the regulation of liquid nicotine vapes to avoid misunderstandings in the market and among the public.
Previously, the Malaysian government decided to cease challenging the High Court’s ruling on the exemption of liquid nicotine.
The case involves the Malaysian government’s 2023 decision to remove liquid nicotine used in vapes and vape products from the controlled list of the Poisons Act 1952. The High Court had previously ruled that the exemption was “unreasonable” and that the relevant procedures had not adequately consulted the Poisons Committee.
High Court Ruling Raises Questions Over Liquid Nicotine Regulation
The legal dispute centers on how liquid nicotine should be regulated under Malaysia’s existing laws.
The High Court found problems with the government’s decision to remove liquid nicotine from the poisons list, including concerns about the procedure followed before the exemption was introduced.
The ruling created questions about how liquid nicotine products should be treated under Malaysia’s broader regulatory framework and prompted the government to reconsider its legal position.
Malaysian Government Withdraws Appeal in August 2026
In August 2026, the Malaysian government withdrew its appeal against the High Court’s ruling.
The Health Minister stated that he had submitted a memorandum to the Cabinet explaining the Ministry’s position on the matter. He indicated that the decision involves multiple legal and policy implications.
Dzulkefly stated that the government’s withdrawal of the appeal and the issue of liquid nicotine exemption are related to the applicability of the Poisons Act 1952 and the Public Health Smoking Products Control Act 2024 (Act 852).
He stated that the government needs to ensure consistency between the two sets of laws.
Withdrawal of Appeal Does Not End Vape Regulation
Withdrawing the appeal does not mean the cessation of vape regulation.
The Health Minister emphasized that the government’s decision not to appeal does not mean that Malaysia will cease regulating the vape industry.
He said that the Public Health Smoking Products Control Act 2024 will continue to be enforced to protect minors and public health.
He stated that the Ministry of Health will further explain the government’s future approach to vape regulation at a subsequent briefing, including plans for open-system vape products.
Act 852 Remains Part of Malaysia’s Regulatory Framework
Malaysia’s Public Health Smoking Products Control Act 2024, also known as Act 852, established a broader legal framework for regulating smoking products and related products.
The government’s latest position indicates that withdrawing the appeal over liquid nicotine does not remove the regulatory obligations established under Act 852.
The relationship between Act 852 and the Poisons Act 1952 is therefore expected to remain an important issue as Malaysia determines how to regulate liquid nicotine products.
Legal Framework Alignment Becomes a Key Industry Issue
The core of this controversy lies in how different legal frameworks classify liquid nicotine products.
Previously, the High Court held that the government’s decision to remove liquid nicotine from the list of poisons was procedurally and legally problematic.
Following the government’s withdrawal of its appeal, market focus shifted to several practical questions:
- What regulatory requirements will apply to liquid nicotine products in the future?
- How will the Poisons Act 1952 and the Public Health Smoking Products Control Act 2024 be coordinated?
- How will already registered, manufactured, and sold products be handled?
For vape manufacturers, importers, and retailers, regulatory certainty will be a crucial factor in future operations.
Future Rules for Open-System Vape Products Remain Unclear
The Ministry of Health is expected to provide further clarification on its future regulatory approach. Including how open-system vape products will be treated.
This will be closely watched by manufacturers, importers, retailers, and other businesses operating in Malaysia’s nicotine and smoking-products market.
Until further guidance is issued, the withdrawal of the appeal should not be interpreted as a decision to stop regulating liquid nicotine or other vape products.
Malaysia’s Vape Policy Enters a New Adjustment Period
In recent years, Malaysia has continuously strengthened its regulation of tobacco and nicotine products.
The Public Health Smoking Products Control Act, implemented in 2024, established a new regulatory framework for smoking products and vapes.
The legal dispute over liquid nicotine and the government’s subsequent decision to withdraw its appeal could further influence the regulatory direction of Malaysia’s vape market.
For the industry, the next important development will be the Ministry of Health’s clarification of how the Poisons Act 1952 and Act 852 will operate alongside each other and what requirements will apply to liquid nicotine products going forward.
