Liquid Nicotine Delisted As Poison According To Law Says Zaliha

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The High Court has fixed Dec 6 to hear an application by three NGOs seeking to quash an order by health minister Dr Zaliha Mustafa delisting liquid nicotine as a poison.KUALA LUMPUR: Health minister Dr Zaliha Mustafa has insisted that she acted in accordance with the law when declassifying liquid nicotine as a scheduled poison.
She said Section 6 of the Poisons Act 1952 only required her to consult the Poisons Board on the proposed declassification, but did not require her to secure its approval.
“The decision was (made) in accordance with the law, and there was no procedural impropriety,” Zaliha said in an affidavit filed in response to a legal challenge to her decision.
She also claimed the judicial review application filed by three NGOs was a challenge to government policy, which the courts cannot entertain.
On June 30, the NGOs – Malaysian Council for Tobacco Control, Malaysian Green Lung Association and Voice of the Children – applied to the High Court for leave to commence judicial review proceedings in a bid to quash Zaliha’s decision to delist the substance as a poison.
The minister’s order was gazetted on March 31.
On Aug 14, Justice Wan Ahmad Farid Wan Salleh granted the NGOs leave to initiate the challenge.
The NGOs are seeking a declaration by the court that the impugned exemption granted is void and for the minister’s decision to be quashed.
They contend that Zaliha did not adequately consider the views of the Poisons Board, and failed to engage with it, despite the board having unanimously voted against the exemption.
“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,” they said.
The NGOs also said Zaliha’s actions had harmed public health, particularly children who are the most vulnerable in society.
The High Court has fixed the application for hearing on Dec 6. - FMT

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