Health Groups Go To Court To Reinstate Nicotine In Poisons Act







Three NGOs on health and children’s rights have gone to court to quash Health Minister Dr Zaliha Mustafa’s decision to remove nicotine from the list of controlled substances under the Poisons Act 1952.
Malaysian Council for Tobacco Control (MCTC), the Malaysian Green Lung Association (MGLA) and Voice of the Children (VOC) filed the judicial review leave application at the High Court in Kuala Lumpur on Friday last week.
On March 31, the Health Ministry exempted nicotine from the list of controlled substances under the Poisons Act with the aim of introducing a new bill to regulate smoking products and devices, including nicotine in liquids and gels used in e-cigarettes and vapes.
In the run-up to the exemption, Malaysian Medical Association (MMA) president Dr Muruga Raj Rajathurai expressed concern that once nicotine is removed from the Poisons Act, vape containing the substance can then be sold in the public legally, and with no control to prohibit the sale of these items to minors.
According to a copy of the legal action that targeted the health minister (who is not named) and the federal government as first and second respondents, the three NGOs seek a court order to nullify Zaliha’s decision on March 31 to amend the Poisons Act.
The three applicants contended that the minister did not properly consider and engage with the Poisons Board over its unanimous vote against the nicotine exemption.
Health Minister Dr Zaliha MustafaThe trio claimed the exemption allows electronic cigarettes and vape products with nicotine to be sold openly and legally to anyone, including children aged below 18 years old, without any form of regulation or control as there is none at present.
“This was also done despite overwhelming evidence of the dangers posed by electronic smoking devices and vape liquids, and the increased likelihood of vapes leading to nicotine addiction on the part of children,” the groups said.
The applicants pointed out that the exemption, coupled with the current lack of legislation or regulation on electronic cigarettes and vape, legally permits any level of nicotine content in these products.
‘Minister’s act harms public health’
“... the minister acted illegally, irrationally, with procedural impropriety. Her actions were also disproportionate because the minister who was under a duty to protect public health had in fact failed in that duty and instead prioritised revenue collection.
“In reality, the minister’s actions harm public health, particularly children who are the most vulnerable in society,” the applicants claimed.
The groups claimed the minister’s actions are irrational as the exemption would lead to electronic cigarettes and vape with nicotine being freely sold to children.
This contravened the ministry’s own stated policy objectives of prohibiting tobacco products for children, as well as for people born from Jan 1, 2007 (per the Generational End Game bill, which aims to ban smoking to anyone born from 2007 onwards).
“The impugned exemption ignored the prevailing research on nicotine addiction and the harm it causes, the uncertainty about how much worse nicotine through electronic products is.
“Overwhelming research shows that children and young persons are particularly attracted to and likely to become addicted to nicotine through vapes or electronic cigarettes,” the groups claimed.
The NGOs also pointed out the exemption is contrary to Malaysia’s international commitments to develop policies to prevent and reduce nicotine addiction and exposure to tobacco smoke, such as the World Health Organization (WHO) Framework Convention on Tobacco Control (FCTC) - which the country signed in 2003 and became a party to in 2005.
The applicants noted that Malaysia is also party to the United Nations (UN) Convention on the Rights of the Child (CRC) since 1995, with Article 3 of the CRC stating that the best interests of the child shall be a primary consideration in decisions involving children.
The NGOs pointed out that Article 24 of CRC lays out that Malaysia shall recognise the right of children to the enjoyment of the highest attainable standard of health.
“In the circumstances, the impugned exemption was made without due regard to the rights of the child, and was made contrary to the best interests of children,” the groups contended.
The groups also claimed that the exemption order, which was made with the power given by Section 6 of the Poisons Act, is unconstitutional for being an excessive delegation of power that violated Parliament’s exclusive power to make laws per Article 66 of the Federal Constitution.
The three applicants are represented by counsel from Kanesalingam & Co.
Malaysiakini is attempting to reach out to the Attorney-General’s Chambers over the matter.
When contacted by Malaysiakini, MCTC chairperson Dr Murallitharan Munisamy said the groups would hold a press conference tomorrow over the matter. - Mkini


Artikel ini hanyalah simpanan cache dari url asal penulis yang berkebarangkalian sudah terlalu lama atau sudah dibuang :

http://malaysiansmustknowthetruth.blogspot.com/2023/07/health-groups-go-to-court-to-reinstate.html

Kempen Promosi dan Iklan
Kami memerlukan jasa baik anda untuk menyokong kempen pengiklanan dalam website kami. Serba sedikit anda telah membantu kami untuk mengekalkan servis percuma aggregating ini kepada semua.

Anda juga boleh memberikan sumbangan anda kepada kami dengan menghubungi kami di sini
Mof Pressured Me To Delist Nicotine From Poisons Act Claims Kj

Mof Pressured Me To Delist Nicotine From Poisons Act Claims Kj

papar berkaitan - pada 4/7/2023 - jumlah : 254 hits
Khairy Jamaluddin served as the health minister under Ismail Sabri Yaakob s administration PETALING JAYA Khairy Jamaluddin alleged today that he was pressured by the finance ministry to delist nicotine from the Poisons Act 1952 when he was ...
Unfair Dismissal Court Upholds Rm471k Award To Ex Bank Manager

Unfair Dismissal Court Upholds Rm471k Award To Ex Bank Manager

papar berkaitan - pada 24/6/2023 - jumlah : 193 hits
A civil court in Ipoh dismissed a commercial bank s judicial review to quash the Industrial Court s award of over RM471 840 60 to its former senior manager over an unfair dismissal case Counsel Ramesh NP Chandran who acted for respondent Ab...
Be Prepared To Pay Fahmi Tells Pkr Traitors After Court Imposes Rm10m On Ex Leader Zuraida For Breaching Bond

Be Prepared To Pay Fahmi Tells Pkr Traitors After Court Imposes Rm10m On Ex Leader Zuraida For Breaching Bond

papar berkaitan - pada 24/6/2023 - jumlah : 263 hits
PKR traitors should take heed from today s High Court ruling against former Ampang MP Datuk Zuraida Kamaruddin who was ordered to pay the party RM10 million for breaching a bond Fahmi Fadzil said The PKR information chief promised that acti...
Court Orders Zuraida To Pay Rm10m To Pkr

Court Orders Zuraida To Pay Rm10m To Pkr

papar berkaitan - pada 23/6/2023 - jumlah : 321 hits
The civil court has ordered former PKR vice president Zuraida Kamaruddin to pay RM10 million to the ruling party for defecting after clinching the Ampang seat for the third time in the 14th general election The High Court in Kuala Lumpur th...
Zuraida To Appeal Baseless Court Decision

Zuraida To Appeal Baseless Court Decision

papar berkaitan - pada 26/6/2023 - jumlah : 149 hits
Former PKR vice president Zuraida Kamaruddin said the decision is wrong as it denies the public their right to freedom of association PETALING JAYA Former PKR vice president Zuraida Kamaruddin says she will appeal a High Court order for her...
Shouty Policewoman Charged In Court

Shouty Policewoman Charged In Court

papar berkaitan - pada 26/6/2023 - jumlah : 211 hits
GOMBAK The police woman who got herself into hot water for shouting at her colleagues and arguing with a female civilian has been charged in court Inspector Sheila Sharon pleaded not guilty for three charges framed under Section 506 and Sec...
Court Nullifies Pas Election Win In Kuala Terengganu

Court Nullifies Pas Election Win In Kuala Terengganu

papar berkaitan - pada 28/6/2023 - jumlah : 277 hits
The election court in Kuala Terengganu has nullified PAS member Ahmad Amzad Hashim s victory in Kuala Terengganu in the 15th general election High Court judge Mohd Firuz Jaffril this afternoon allowed the by BN s candidate for the constitue...
Dutch Court S Dismissal Shows Sulu Claim Has No Local Standi Says Hajiji

Dutch Court S Dismissal Shows Sulu Claim Has No Local Standi Says Hajiji

papar berkaitan - pada 28/6/2023 - jumlah : 176 hits
Sabah chief minister Hajiji Noor said he shared the federal government s confidence that it was closer to nullifying the award KOTA KINABALU Sabah chief minister Hajiji Noor said the Hague Court of Appeal s dismissal of a bid by the Sulu gr...
Pkr May Sue Other Ex Members Following Court Win Against Zuraida

Pkr May Sue Other Ex Members Following Court Win Against Zuraida

papar berkaitan - pada 23/6/2023 - jumlah : 186 hits
PKR may consider taking legal action against some of its former members who betrayed the party before PKR information chief Fahmi Fadzil said this came after the High Court today ordered the party s former vice president Zuraida Kamaruddin ...
Flexibility In Business Operations

Kempen Hartanah Bumiputera Khas Untuk Pembeli Bumiputera Mendapatkan Rumah Dengan Tawaran Giler Menarik

Umno Youth To Protest Extra Hours For Civil Servants Working Shifts

The Difference In The Concept Of Illicit Relationship Between Muslims And Non Muslims

Pensyarah Didakwa Hina Nabi Jawi Turut Buka Siasatan

Pas Langkaui Retorik Dap Isytihar Pas Muuh Utama

Biodata Hael Husaini 2 Kali Juara Ajl Dan Perjalanan Dalam Industri Seni

Murid Buktikan Pada Guru Lembu Makan Martabak


echo '';
Senarai Lagu Tugasan Konsert Minggu 1 Gegar Vaganza 2024 Musim 11

Info Dan Sinopsis Drama Berepisod Dhia Kasyrani Slot Akasia TV3

Biodata Terkini Reshmonu Peserta Gegar Vaganza 2024 Musim 11 GV11 Penyanyi Lagu Hey Waley

Gegar Vaganza 2024 GV 11 Hadiah Tiket Peserta Juri Format Pemarkahan Dan Segala Info Tonton Live Di Astro Ria Dan Sooka

6 Janji Donald Trump Kalau Dia Naik Jadi Presiden Semula


7 Keistimewaan Hari Arafah Hari Yang Dinantikan Jutaan Umat Islam

Generasi Milenial Dan Gen Z Dukung Nkri Nomor Urut 2 Simbol Harapan Baru Kalimantan Barat

Kempen Hartanah Bumiputera Matrix Miliki Rumah Selesa Cipta Kenangan Indah Bersama Keluarga

Bukan Semua Cendawan Boleh Makan Ada Yang Beracun

Wanita Bersalin Semasa Buang Air Besar

Jangan Risau Jika Tak Terkenal