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Malaysia's dropped nicotine appeal leaves pouches stuck on the poisons list

Malaysia withdrew its appeal against the High Court ruling that put liquid nicotine back on the Poisons List. Nicotine pouches were already prohibited for recreational sale as Group C poisons — and the vape fight now decides whether pouches get reclassified or banned outright.

PouchDaily Desk·
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Malaysia's government has withdrawn its appeal against a High Court ruling that struck down the 2023 order exempting liquid nicotine from the Poisons List — and the legal fallout lands on nicotine pouches too, a product category Malaysia's own health ministry already says is prohibited for recreational sale.

Here is what actually happened. In May 2026, Malaysia's High Court ruled that a 2023 ministerial order exempting liquid and gel nicotine used in vapes from the Poisons List (under the Poisons Act 1952) was unlawful. On 19 August 2026, the government withdrew its appeal against that ruling, as reported by New Straits Times. By letting the ruling stand, the government's own legal position — even without an official announcement — is that liquid nicotine is back on the list of scheduled poisons.

Under Malaysia's Poisons Act, all nicotine preparations are Group C poisons except two specific exemptions: tobacco products, and registered nicotine patches or gum for smoking cessation. Group C poisons can only be dispensed by licensed pharmacists or registered medical practitioners. That is why, in June 2026, Malaysia's Ministry of Health told The Star that the sale of nicotine pouches for recreational use is prohibited — pouches contain nicotine but contain no tobacco, so they have no exemption.

Where pouches stand in Malaysia right now

  • Nicotine pouches are classified as Group C poisons. Recreational retail sale is prohibited.
  • Sale or supply is restricted to authorised persons such as licensed pharmacists.
  • Online sales of nicotine pouches are a no-go, as The Star reported in June.
  • Malaysia's Control of Smoking Products for Public Health Act 2024 (Act 852) covers "smoking products" — CodeBlue notes its scope does not properly regulate nicotine pouches at all.

So unlike vapes, which sold openly for years, pouches in Malaysia never had a legal recreational market to lose. The question now is which way the pendulum swings.

Why it matters

The vape fight decides the framework. CodeBlue's editor Boo Su-Lyn lays out three options for the government: ban nicotine vape outright, go back to the Poisons Board to try re-exempting liquid nicotine (unlikely — the Board unanimously rejected it in 2023), or pass a short new Act of Parliament classifying tobacco and nicotine products — explicitly including nicotine pouches — as ordinary trade commodities rather than poisons.

That third option is the one that could actually change pouches' status in Malaysia. If nicotine products get reclassified as trade commodities, the pharmacy-only Group C regime that currently blocks pouch sales would no longer be the operative law. If instead the government leans into prohibition — a direction with public and law-enforcement support after narcotics-laced vape incidents — pouches stay where they are: formally illegal outside pharmacist channels.

There is also money in the mix. The Malaysian government has collected more than RM354 million in excise duties on nicotine vape liquids since 2023 — duties that now look legally shaky, since illegal products cannot be taxed. Refund exposure grows by roughly RM8 million a month, which gives both the industry and the government strong incentives to resolve the classification question quickly.

What's next

Watch for three signals: whether the health ministry announces an outright vape ban, whether a new bill classifying nicotine products as trade commodities is tabled in Parliament, and whether the Poisons Board is asked to reconsider. Any of the three would directly determine whether Malaysia's pouch market stays pharmacy-only, opens up, or gets actively criminalised with enforcement.

Malaysia has been one of Southeast Asia's fastest-growing pouch markets on the grey side of the law. The next few months decide whether that market gets a real legal foundation or gets shut.

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