Malaysia removes nicotine from poison list, begins tax on e-liquid
The Malaysian government has removed nicotine-containing e-liquid used in e-cigarettes and other vaping products from the country's list of poisons of controlled substances. The move could tax e-liquids.
Media reports said that since the Tobacco Products Control Regulations 2004 under the current Food Act 1983 only covered traditional cigarettes and other tobacco products, the repeal effectively legalized nicotine-containing e-cigarettes without any regulations.
The Tobacco Products and Smoking Control Bill 2022 - which seeks to regulate tobacco and vaping products in addition to banning the use of these products by anyone born in 2007 - has yet to be tabled in the current 15th Parliament.
Health Minister Zaliha Mustafa gazetted an order on Friday exempting nicotine from the list of poisons under the Poisons Act 1952, a liquid or gel preparation intended for smoking through electronic cigarettes and electro-vaporizing devices – overturning The Poisons Council unanimously rejected the proposal last Wednesday.
The Excise Duty (Amendment) Order 2023 – imposing an excise tax of 0.40 cents per ml on e-liquids or gels containing nicotine – was issued by Finance Minister Anwar Ibrahim (who is also the Prime Minister) on March 29 last year , that same day as the Poisons Committee meeting.
The tax on nicotine-containing e-liquids came into effect on April 1.
CodeBlue reports that the Poisons Council, an independent body created under the Poisons Act, completely opposed the government's proposal to exclude nicotine-containing e-liquids from the Poisons List, citing the dangers of allowing e-cigarettes to be sold to anyone, including children, to exceed tax benefits from such products containing the highly addictive substance nicotine.
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