KUALA LUMPUR: An non-governmental organisation (NGO) is suing the Health Ministry director-general, Inspector-General of Police and two others over enforcement against vape traders.
The NGO - Pertubuhan Ikatan Usahawan Kecil & Sederhana Malaysia (Ikhlas) - is seeking RM1mil in exemplary and aggravated damages. It is also applying for general and special damages to be assessed by the court, saying that vape traders suffered losses, difficulties and depression due to fear of possible raids by enforcement authorities.
In its court papers, the NGO has named the Domestic Trade, Cooperatives and Consumerism Ministry director-general and Johor Baru City Council as the two other defendants.
Ikhlas is seeking a declaration that the action of the defendants in raiding and seizing vaping mechanical mod, e-liquid and other vape products from their traders were invalid, wrong and done in bad faith.
Among others, Ikhlas is seeking a declaration that the ban on the sale of vape at state levels especially by the Johor Baru City Council was against the law.
The plaintiff filed the civil claim at the High Court civil registry Monday through its lawyer Zulhasmi Zakaria.
In indorsement of claim, the NGO is applying to get a court order to stop the defendants from raiding, seizing or issue fines or compounds to vape traders.
The NGO wants the defendants to be directed to return products which had been seized from their members within seven days from a court order.
In the statement of claim, the NGO said several vape traders in Johor Baru, who are their members, had been examined during raids on Dec 15 on the pretext that vape business was illegal.
The NGO said that those members who operated under the name of Vape Bro, Vape King and Vape Lab had their products worth about RM400,000 to be seized and there was no prosecution by any enforcement authorities against them until now.
The plaintiff said that vape traders were merely offered compounds under the Price Control and Anti-Profiteering Act 2011 for allegedly failing to display price tags.
The plaintiff said that the action of the Johor Baru City Council in refusing to issue business licences to such traders on the grounds that it was illegal was in contravention with the rights guaranteed under the Federal Constitution.
Speaking to reporters here, Zulhasmi said his clients want a certainty if vaping was wrong.
"The vape traders are still confuse whether they can operate a business for vape products and want the High Court to determine over this," said Zulhasmi.
He said vape traders wants to know further as it involved law and conformity between the Federal and the state governments on separation of powers as the Federal Government did not ban vaping.
The Cabinet on Oct 30 decided against imposing a ban on electronic cigarettes, or vaping.
When met by media at the Jalan Duta court complex after the filing the suit, Ikhlas president Mohd Ridzuan Abdullah said 1,000 complaints had been received from vape traders.
He said the NGO, which has membership of 100,000, wants an explanation over the issues.
A vape trader, Mohamad Fadzli Mohamad Taib, 35, said he suffered RM50,000 in losses after his vape products were seized when he conducted his business in Negri Sembilan almost two months ago
