The High Court will rule on May 15 on an NGO judicial review against the government’s 2023 decision to exempt vape liquids from the Poisons List.
KUALA LUMPUR: The High Court has set May 15 to deliver its ruling on a judicial review application filed by three non-governmental organisations.
The NGOs are challenging the government’s 2023 decision to exempt vape liquids and gels from the Poisons List.
Judge Datuk Aliza Sulaiman fixed the date after hearing submissions from both parties.
Counsel K Shanmuga, representing the NGOs, argued the March 31, 2023 decision effectively deregulated vape products.
He said this made it legal to sell them to children for close to 17 months until new legislation took effect in October 2024.
Shanmuga asserted the issue is a live one of public importance that will guide future conduct.
Senior federal counsel Nurhafizza Azizan appeared for the Health Minister and the government.
She submitted that the Control of Smoking Products for Public Health Bill was passed by Parliament in November 2023.
Nurhafizza said its provisions prohibit the sale of such products to minors, addressing any legal gaps.
She argued the then Health Minister exercised power conferred by Section 6 of the Poisons Act 1952.
The required consultation with the Poisons Board was carried out on March 29, 2023, she said.
Nurhafizza contended the decision was legal and the judicial review application is now moot.
The NGOs filed their application on June 30, 2023, seeking a declaration that the order was irrational.
They also seek a declaration that the exemption was made without proper consultation, rendering it ultra vires.
