By Boo Su Lyn | CodeBlue
Health Minister Dzulkefly Ahmad and the government have dropped their appeal against a High Court decision that struck down the delisting of liquid nicotine as a scheduled poison.
A senior federal counsel (SFC) from the Attorney-General’s Chambers (AGC), who represented both appellants in a judicial review application filed by three anti-tobacco groups, issued a notice of discontinuance at the Court of Appeal today.
“Please take note that the health minister of Malaysia and the government of Malaysia, the first and second appellants named above, hereby give notice to withdraw and discontinue their entire appeal and/or action against the Malaysian Council for Tobacco Control, the Malaysian Green Lung Association, and Voice of the Children, as the first to third respondents named above, without orders to costs,” said the SFC in their notice dated August 18 today, as sighted by CodeBlue.
CodeBlue previously reported that Dzulkefly and the federal government filed an appeal last June against the “entirety” of the High Court ruling because they were dissatisfied with Justice Aliza Sulaiman’s decision.
The High Court ruled last May that the removal of liquid and gel nicotine used for e-cigarettes and vape from the Poisons List under the Poisons Act 1952 by then-Health Minister Dr Zaliha Mustafa in 2023 was “irrational”, and that this exemption was done without proper or adequate consultation with the Poisons Board.
It’s not immediately clear if the government’s withdrawal of its appeal against the High Court verdict means that retail sale of nicotine vape is effectively illegal — outside of supply by pharmacists or medical practitioners — because liquid nicotine was never lawfully removed from the Poisons List.
“Given the judgment, the decision of the minister was irrational, without adequate consultation, and ultra vires of Section 6 of the Poisons Act, the exemption should be removed. So, it can be considered as effectively illegal,” Kee Shu Min, who represented the three non-governmental organisations, told CodeBlue when asked if nicotine vape was now effectively illegal.
Editor’s note: This story was updated with comments from the applicants’ lawyer in the last paragraph.
Source: https://codeblue.galencentre.org/2026/08/government-drops-appeal-against-liquid-nicotine-court-ruling/. Archived at https://perma.cc/4BK8-8F7C
The High Court judgment is accessible here.
