Zaliha said the appeal would be crucial due to the various legal interpretations surrounding ministerial executive powers in making policy decisions.

The High Court held yesterday that the government’s 2023 decision on nicotine was irrational as it was made without properly consulting the Poisons Board.

Zaliha said the 2023 decision, made when she was health minister, was “a critical step” to bring a multi-billion ringgit industry out of the black market so it could be declared, its supply chain monitored, and taxed.

Liquid nicotine was widely available on the black market, even though nicotine was classified as a controlled substance, and the government could not allow the industry to operate without any records, registration, or monitoring.

“This matter was also discussed in detail at Cabinet meetings at the time,” she said in a Facebook post.

FMT has sought confirmation from the ministry and health minister Dzulkefly Ahmad.