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MMA says minister reluctantly signed off on nicotine exemption for vape tax

KUALA LUMPUR: Health Minister Dr Zaliha Mustafa had acknowledged to the Malaysian Medical Association that the government's decision to exempt nicotine from the Poisons Act 1952 to tax vape liquids was "not an ideal scenario" as the bill to regulate the sale of smoking products has not been passed.

MMA president Dr Muruga Raj Rajathurai said Dr Zaliha made this admission at a meeting with MMA on April 6, where she also revealed that she signed off on the exemption with a "heavy heart".

The meeting, held to explain the government's stance on the matter, was also attended by the Malaysian Pharmacists Society, National Cancer Society of Malaysia, Malaysian Council for Tobacco Control, as well as ministry officials.

However, the MMA still found the minister's explanation on the matter to be unacceptable, despite her explanation, Dr Muruga said.

He argued that the government could have waited just one or two more months for the Control of Tobacco Products and Smoking Bill 2022 to be tabled and passed before proceeding with the exemption.

"Health concerns must come above all.

"It is no use crying over spilt milk now. The horse has bolted, but the government must be accountable for this decision," he said in a statement yesterday (April 7).

The decision to exclude nicotine from the controlled substances list under the Poisons Act means that vape liquids and gels, regardless of their nicotine content, can be legally and openly sold to anyone, including children of any age.

Dr Muruga stressed that the government needs to demonstrate its commitment to the Generational Endgame Policy (GEG), which aims to prevent the sale and use of all smoking materials, including electronic cigarettes and vaping products, to people born after January 1, 2007.

He noted that the country could not afford to delay tackling the problem of increasing addiction to vaping.

"All the tax revenue collected from the vape industry might not even be enough to pay for the medical costs to treat health issues caused by vape addiction."

On April 1, the Health Ministry published a gazette notice stating that nicotine liquids and gels used in e-cigarettes and vape products had been granted exemption from poisons control.

Following this, the Malaysian Council for Tobacco Control accused Dr Zaliha of utilising her ministerial authority to overrule the Poisons Board, which had voted against exempting nicotine liquids and gels from the Poisons Act.

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