KUALA LUMPUR: Health Minister Dr Zaliha Mustafa is alleged to have used her ministerial powers to approve an amendment to the Poison Act 1952 to allow for the legalisation of nicotine-laced products – overruling the Poisons Board's earlier decision.
The Poisons Board, which had a meeting on Wednesday, is believed to have voted against the exemption of nicotine liquids and gels from the list of poisons.
However, a gazette notice, which was prepared yesterday noted an amendment to the Poisons Act with an additional clause that allows nicotine to be used in the "preparation of a kind used for smoking through the electronic cigarette and electric vaporising device, in the form of liquid or gel".
The Poisons (Amendment of Poisons List) Order 2023 was signed off by the minister herself.
The New Straits Times has been attempting to get Dr Zaliha on the matter.
The Malaysian Council for Tobacco Control chairman Dr M Murallitharan said the gazette notice which was issued last night revealed that Dr Zaliha had used her ministerial powers to overrule the Poisons Board.
"A child can now vape without any legal repercussions because there's no laws against this.
"You can buy vape like you can buy curry puff now," he said.
NST yesterday reported that the Poisons Board's meeting which was chaired by the Health Ministry's Pharmaceutical Services senior director, Norhaliza A. Halim, who is the Poisons Board co-chairman, had rejected the proposal from the Finance Ministry to remove Nicotine from the Poisons act.
Two health groups, the Malaysian Medical Association and Malaysian Pharmacists Society (MPS) had also voiced their opposition to the proposal adding that the government should focus on enacting the Control of Tobacco Products and Smoking Bill 2022 before the vape industry is to be legalised.
This, they added, was to safeguard the young from nicotine addiction.
Meanwhile, another gazette notice which was prepared on Wednesday spelt out an amendment to the Excise Duties act 1976 which allows for nicotine vape liquid or gel to be taxed for RM.040 per ml.
The order which will come into effect today was signed off by Prime Minister Datuk Seri Anwar Ibrahim, who is also the Finance Minister.