This case concerns a challenge against a regulator’s unilateral action to revoke a prior approval granted. 

 

In this case, the company (“CMD”), a wholly owned subsidiary of British American Tobacco (Malaysia) Bhd filed an application for judicial review against the Ministry of Health (“MOH”) in the High Court challenging MOH’s decision to unilaterally:-

 

(a) re-categorise CMD’s tobacco product, the Dunhill HTL-Cigarillo (“Cigarillo”), as a “cigarette”; 

 

(b) revoke its prior approval to CMD to sell the Cigarillo as a non-cigarette tobacco product (“Revocation”).

 

CMD claimed, amongst others, that MOH had acted improperly in making such decision, and thus sought to quash them on grounds unlawfulness and/or illegality. CMD also contended that it was being selectively prosecuted as they were the only distributors being subjected to enforcement action.

 

CMD obtained leave from the High Court to commence judicial review proceedings against MOH. Subsequently, after the substantive judicial review proceedings were part heard, parties negotiated a settlement which led to an agreement that MOH will inter alia agree not to enforce the Revocation, commence any new enforcement action against CMD, and also to withdraw all enforcement proceedings in relation to the Cigarillo. In turn, CMD agreed to withdraw the judicial review proceedings against MOH with no order as to costs.

 

Alvin Tang acted for Commercial Marketers and Distributors Sdn Bhd, the applicant, in securing a favourable outcome for the applicant.