Court Told Health Minister’s 2023 Nicotine Decision Lacked Proper Consultation

Legal challenge questions process behind government’s move to remove nicotine from controlled substances list.

KUALA LUMPUR : The High Court was told today that the Health Minister’s 2023 decision to remove nicotine from the list of controlled substances was made without proper consultation and adequate stakeholder engagement, raising concerns over the legality and transparency of the move.

During court proceedings, lawyers representing the applicants argued that the decision was rushed and failed to involve key stakeholders, including medical professionals, public health experts, and civil society groups. They said the lack of comprehensive consultation weakened the credibility of the policy-making process and could have serious public health implications.

The court heard that nicotine, long classified as a controlled substance, plays a significant role in public health regulation, particularly in preventing addiction among minors. The sudden regulatory shift, the lawyers argued, created enforcement gaps and regulatory uncertainty, potentially exposing young people to greater risks.

In response, government representatives maintained that the decision was taken in line with existing legal frameworks and aimed at facilitating broader regulatory reforms. They added that subsequent measures had been introduced to address public concerns and ensure safeguards remained in place.

The case has drawn wide attention, with health advocates calling for stronger regulatory oversight and clearer policy procedures. The court is expected to deliver its decision after considering submissions from both sides.