THE Malaysian Medical Association (MMA) has called on the government to immediately relist nicotine gels and liquids as a controlled substance under the Poisons Act 1952.

This came following the Health Ministry’s (MOH) decision to decouple the generational endgame (GEG) bill from the Control of Smoking Products for Public Health Bill 2023. 

“We express profound disappointment over the government’s handling of the whole matter. Smoking and vaping is a public health concern.”

“The MOH should show leadership by doing everything it can in its power to ensure, in the best interest of public health, swift passage of the bill to enable strict regulation of the smoking and vaping industry. Instead, what we are seeing are more delays and roadblocks caused by the government themselves,” MMA president Dr Azizan Abdul Aziz said.

In April, the government removed liquid nicotine used in electronic cigarettes and vape from the poisons list of controlled substances to enable taxation on e-liquids.

During the tabling of Budget 2023 on February 24 this year, the government announced the proposal to impose an excise duty on liquids or gels containing nicotine used for e-cigarettes or vaping devices.

Based on the latest data from the National Health and Morbidity Survey 2022, e-cigarette and vape use among Malaysian youth aged 13-17 rose from 9.8% in 2017 to 14.9%, while cigarette smoking rates dropped from 13.8% to 6.2%.

This increase in adolescent vapers further signals the need to shore up any gaps in legislation since the Federal Government Gazette Excise Duties (Amendment) Order 2023 imposed an excise tax at the rate of 40 sen per millilitre on e-cigarettes liquids or gels containing nicotine beginning April 1, 2023.

Azizan emphasised that the government has its own moral and ethical obligation in preventing harm to human health. 

She said the government had ignored expert advice warning it of the consequences of removing nicotine gels and liquids from the Poisons Act 1952.

“As a result of its decision (to delist nicotine from the poisons act), e-cigarette and vaping products, including those with nicotine, can be legally sold to children of any age.”

“We urge parents of children below the age of 18 whose health had been affected as a result of consuming e-cigarettes or vaping products, to consider taking legal action against the government for ignoring expert advice and for failing in its duties to adequately protect citizens, especially young children, against the health dangers of vaping.”

“The MMA takes a serious view of the government’s delisting of nicotine gels and liquids from the poisons act. We strongly oppose this move and urge the people of Malaysia to hold the government responsible for every case of Evali (e-cigarette or vaping use-associated lung injury) among minors,” said Azizan. – November 7, 2023.