Vaping360 reported that Malaysia has put liquid and gel nicotine back on its Poisons List after the government withdrew its appeal against a High Court ruling in August 2026. The ruling means liquid and gel nicotine used in e-cigarettes are once again classified as Group C poisons under the Poisons Act 1952. Following the government’s decision, Lee Chean Chung (Petaling Jaya MP) and Ahmad Yunus Hairi (Kuala Langat MP) called for a ban on recreational nicotine vape sales, an end to related excise duties, and a refund of more than RM354 million in excise duties collected since April 2023. The government has yet to clarify how the Poisons Act will work alongside the 2024 law that regulates smoking products, including vapes.
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Malaysian Nicotine Vape Regulation Timeline
| Date | Key Events |
| April 1, 2023 | Malaysia exempted liquid and gel nicotine used in e-cigarettes from control under the Poisons Act 1952. |
| May 15, 2026 | The High Court ruled that the 2023 exemption was irrational and made without proper or adequate consultation with the Poisons Board. |
| August 18, 2026 | The Malaysian government withdrew its appeal against the High Court ruling, leaving the court’s decision in effect. |
| September 2, 2026 | Two Malaysian MPs called for a ban on recreational nicotine e-cigarette sales, an end to related excise duties, and a refund of more than RM354 million collected since April 2023. |
| Current Status | Liquid and gel nicotine used in vapes are once again subject to the Poisons Act, while the government has yet to clarify how it will work alongside Act 852. |
What Does This Mean for Nicotine Vapes
The return of liquid nicotine and nicotine gel used in vapes, including disposables, pod vapes, etc., to the Poisons List means they are once again classified as Group C poisons under the Poisons Act. Nicotine e-liquids are no longer simply a vaping product regulated under Act 852, and the nicotine itself is now subject to the Poison Act’s restrictions on its sale and supply.
This creates uncertainty over how the two laws apply to nicotine-containing vapes. Act 852 regulates nicotine e-cigarettes as smoking products, while the Poison Act treats the nicotine inside these vapes as a Group C poison. As a result, the key issue is whether these nicotine-containing e-cigarettes can still be legally sold or used through ordinary retail channels in Malaysia. So far, this does not mean all vape devices are banned, but the Malaysian government has yet to make clear how the Poisons Act and ACT 852 apply to vapes with liquid nicotine and nicotine gel or how the two laws will interact.
What Does This Mean for Malaysian Vapers
If I were a Malaysian vaper who had been vaping for years, this news would be a real shock. My first question would probably be: Is it illegal to vape in Malaysia right now?
There is no simple answer. The court ruling does not mean that every vape has suddenly become illegal, but it does put the legal status and availability of vapes with nicotine vape juice under much greater pressure. For vapers, the biggest concern is whether they will be banned or still be bought through legal retail channels.
(1) Nicotine-Containing Vape Access Could Become More Restricted
If vapes with nicotine e-juice can no longer be sold through ordinary retail channels, Malaysian vapers could face more restrictions when buying nicotine-containing vapes and e-liquids. The impact could be especially noticeable for people who regularly use disposable vapes, pre-filled pods, or other e-cigarettes that come pre-loaded with nicotine.
(2) Nicotine E-Liquid Choices Could Shrink
The issue could also extend beyond pre-filled disposables. If bottled nicotine e-liquid becomes harder to sell through ordinary retail channels, users of refillable pod systems and other refillable devices could have fewer choices of nicotine strengths, e-liquid formats, and nicotine-containing products.
(3) Are There Vapes with No Nicotine?
One obvious question is whether Malaysian vapers have other options if access to nicotine e-cigarettes becomes more restricted or even banned. Nicotine-free vapes, nicotine pouches (e.g, ALP nicotine pouches), and nicotine gum are all different from nicotine e-cigarettes, so they are not automatically affected by the current ruling in the same way. However, whether a particular product can still be legally sold depends on the wider requirements under Act 852 and other applicable regulations.
FAQs
Q1: Is it illegal to vape in Malaysia now?
Not necessarily all vape devices. Liquid and gel nicotine used in e-cigarettes are once again subject to the Poisons Act as Group C poisons, but the Malaysian government has yet to make clear how the Poisons Act and Act 852 will apply to nicotine-containing e-cigarettes.
Q2: Can you still buy nicotine disposable vapes in Malaysia?
The availability of nicotine-containing vapes through regular retail channels is uncertain following the court ruling and the government’s decision to withdraw its appeal. The government has yet to make clear how the two laws will interact.
Q3: Are there nicotine-free vapes?
Yes. Nicotine-free vapes are available and do not contain nicotine. However, whether they are legal or freely available in Malaysia depends on the specific regulations. The current court ruling specifically concerns liquid and gel nicotine used in e-cigarettes, so it does not automatically apply to nicotine-free vapes in the same way.
