Philippine House Panel Approves Vaping and Heated Tobacco Bill
Last December, Philippine President Rodrigo Duterte announced a ban on the use and import of e-cigarettes, adding that anyone caught using the product would be arrested. The ban was announced during a late-night news conference after the President was ask
In December last year, Philippine President Rodrigo Duterte announced a ban on the use and import of e-cigarettes, adding that anyone caught using the product would be arrested. The ban was announced during a late-night press conference after the President was asked about the Department of Health confirming the country's first EVALI case.<\/span><\/div>
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"I will ban it. Use and import. Do you know why? Because it is toxic, and the government has the right to issue measures to protect public health and public interest," Duterte said at the time.<\/span><\/div>
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Fortunately, the joint committee shifted from the ban to regulation, establishing clear guidelines for the production and import of products. It also set a minimum age for use (18 years) and health warnings for public places where smoking is allowed, similar to those for cigarettes.<\/span><\/div>
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The 2020 Non-Combustible Nicotine Delivery Systems Management Act<\/span><\/div>
If passed into law, the bill will be known as the "2020 Non-Combustible Nicotine Delivery Systems Management Act" and has been approved by 88 members of Congress. House Deputy Speaker Deogracias Victor Savellano stated: "Governments and leading public health organizations around the world recognize the need for a viable alternative to combustible cigarettes and have explored the concept of harm reduction as a public health strategy to combat the smoking epidemic."<\/span><\/div>
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"The basis of harm reduction is that people die from tar when smoking nicotine. Therefore, if there is a way to provide nicotine to smokers without the harmful by-products generated by combustible cigarettes, it would ultimately help smokers quit." Savellano added.<\/span><\/div>
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Minimum age set at 18 years<\/span><\/div>
Retailers will be required to present any valid government-issued ID to verify the age of all purchasers. For those under 18, retailers must verify the age of all purchasers by presenting any valid government-issued ID that shows the purchaser's photo and age/birth date. Additionally, products may not be sold and/or distributed within one hundred (100) meters of any location such as schools, playgrounds, or other facilities frequented by minors.<\/span><\/div>
The bill also requires all manufacturers, importers, and distributors of e-cigarettes and HTPs to place health warnings on the main display surface, stating: "This product contains nicotine, which is a highly addictive substance. Not recommended for non-smokers" or "This product contains nicotine, which is a highly addictive substance."<\/span><\/div>
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Furthermore, manufacturers will be required to "display other applicable graphic health warnings as specified by the Food and Drug Administration (FDA) and the Department of Health (DOH) in the implementing rules of this Act."<\/span><\/div>
Products may be sold or distributed online through websites, e-commerce, and/or other similar media. However, sellers or distributors must take measures to ensure that only individuals aged eighteen (18) and above can access the website or through e-commerce and/or other similar media, and the website must bear the signage required by this Act.<\/span><\/div>
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Advertising restrictions<\/span><\/div>
The bill will allow direct marketing and online advertising at retail locations. These contents must not target or specifically appeal to individuals under eighteen (18) years of age and must not undermine smoking cessation messages. Additionally, these advertisements should not encourage non-tobacco and non-nicotine users to use e-cigarettes and HTPs, and any information related to product characteristics, health effects, risks, or emissions must be truthful.<\/span><\/div>
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Article 14 of the bill states that the use of e-cigarettes and HTPs is prohibited in all enclosed public places except designated smoking areas. Indoor use of these products is prohibited in schools, hospitals, government offices, and facilities specifically targeting minors.<\/span><\/div>
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Standards for specific functions<\/span><\/div>
Additionally, standards will be established for many functions related to devices. "The Department of Trade and Industry (DTI) has consulted with the FDA, which is responsible for establishing market access notification standards, as well as standards for flavorings and additives used in the production of e-liquids and refills and electronic components for e-cigarettes," the press release reads.<\/span><\/div>
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"For HTPs, the DTI should consult with the Inter-Agency Committee on Tobacco (IAC-Tobacco) established under Republic Act No. 9211 to formulate HTP standards for consumables and electronic components. Existing industries and businesses affected by the implementation of this Act will have an 18-month transition period from the date the rules and regulations take effect to comply with the requirements."<\/span><\/div>
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