Malaysia wins court battle over nicotine regulation

The Malaysian Council for Tobacco Control (MCTC), Green Lung Malaysia, and Voice of the Children successfully challenged the government’s 2023 decision to remove liquid nicotine from the Poisons List.

The High Court ruled the exemption was illogical, made without consulting experts, and risked public health, particularly regarding nicotine addiction. This victory, however, was the result of decades of work by many individuals and groups, not a single event or leader.

Dr Lekhraj Rampal has worked on tobacco control in Malaysia for over 40 years, and numerous people have maintained the effort through periods of stalled legislation and limited public attention. Several health ministers contributed to the progression of tobacco control policies. Khairy Jamaluddin advanced comprehensive tobacco control legislation including a generational endgame, while Dr Zaliha Mustafa reintroduced a bill to Parliament despite challenges to the generational endgame provision.

Dzulkefly Ahmad then decided to withdraw the government’s appeal of the High Court’s ruling, completing a continuum of effort. The MCTC and its partners pursued the legal challenge despite lacking financial backing and facing potential professional repercussions. Lawyers donated their expertise to translate public health concerns into legal arguments, and individuals contributed personal funds.

The author, chairman of the MCTC and a physician, views the outcome as a collective achievement, affirming the medical principle of “first, do no harm.” Malaysia’s progress in public health relies on incremental gains over time, with each generation building on the work of those before.