A group of 60 civil society organizations calling themselves the Sin Tax Coalition in the Philippines have called on President Rodrigo Duterte to veto an “anti-youth” and “anti-health” legislation legalizing the sale of electronic vaporizers and heated tobacco products.
Credit: Craitza
The measure, which merges Senate Bill 2239 and House Bill 9007, would lower the age limit of access to e-cigarettes and vapes from 21 years old to 18, transfer regulatory jurisdiction from the Food and Drug Administration (FDA) to the Department of Trade and Industry (DTI), and allow multiple flavors to vape products, according to the Manilla Times.
The coalition said that the bill “contradicts the supposed intention of protecting the Filipino youth from addiction [to cigarettes].” Citing a 2019 Global Youth Tobacco Survey that showed that one in seven Filipino students aged 13-15 are electronic cigarette users, the expansion of access to these devices will endanger young Filipinos, thus stricter regulation is needed to prevent the epidemic of vaping-related lung injuries in the country, according to the group.
The group called on Duterte to fulfill his campaign promise and leave a legacy of protecting public health by vetoing the bill, noting that he issued an executive order banning the manufacture, distribution, sale and marketing of unregistered e-cigarette products and expanding the smoking ban in enclosed public areas. “Passing this bill is an utter disservice to the health, welfare and well-being of your constituents. It is anti-youth, anti-health, and pro-addiction,” the group stated.
A consumer study shows that 9 out of 10 smokers in the Philippines support the enactment of the proposed vaping bill. The study’s respondants believe that the government should enact policies to encourage adult smokers to switch to less harmful alternatives to cigarettes while also ensuring these products are not used by minors.
Credit: Carsten Reisinger
The Senate and House of Representatives approved in 2021 their respective versions of the measure, according to the Manila Times. The House of Representatives on May 25, 2021 approved its own version of the measure — House Bill (HB) 9007 or the “Non-Combustible Nicotine Delivery Systems Regulation Act.”
SB 2239 and HB 9007 will be reconciled by a bicameral conference committee and ratified by the two chambers when sessions resume after the holidays. The reconciled bill will then be submitted to the President for his approval and signature. If Duterte signs the bill into law, the Vaporized Nicotine Products Bill will regulate e-cigarettes, heated tobacco products (HTPs) and other vaporized nicotine products while ensuring that they contribute to government revenues.
The study was conducted by Acorn Marketing and Research Consultants and commissioned by consumer advocacy group Vapers PH in August 2021. Acorn is the largest independent Asian research network with offices in 11 Asian countries including the Philippines. The survey had a sample size of 2,000 legal-age smokers. Results of the survey showed that 90 percent of the respondents believe that the government should come up with new ways to reduce the harm caused by smoking cigarettes.
Intended to help adult smokers quit cigarettes, the bill has strong measures intended to protect minors from accessing and consuming the device.
Senate Bill 2239 transfers regulatory authority over vapor products from the Philippines Food and Drug Administration’s authority to the Department of Trade and Industry.
,The move was prompted partly by outrage over news that groups supported by Bloomberg Philanthropies had funded the FDA in an effort to influence the agency to impose harsh vaping restrictions.
The legislation prohibits the sale of vapor products to people below the age of 18 and bans e-cigarette sales within 100 meters from “any point of the perimeter of” a school, playground, or other facilities frequented by minors.
The bill also prohibits celebrities or social media influencers from endorsing vapor products.
Physical and online retailers or distributors must register with the Department of Trade and Industry and the Securities and Exchange Commission.
Senate President Pro Tempore Ralph Recto, the sponsor of the bill, said shifting to vaporized nicotine products “is a good public policy.”
“There will be less death and less expense on the part of society in treating patients. And that is the direction where many countries, more developed economies are moving toward,” Recto added.
The Philippines House of Representatives overwhelmingly passed a similar bill in May. The two bills will now go to a conference committee where they will be reconciled, and both houses will vote on the final version. Then the unified bill will go to President Rodrigo Duterte to sign into law or veto.
Tobacco control groups are lobbying the president to veto the bill when it reaches his desk. A veto can be overridden with a two-thirds vote of both houses.
A congressional investigation has identified Bloomberg Philanthropies as the source of funding for local anti-vaping groups that are accused of spreading lies to discredit a Senate bill that aims to regulate e-cigarettes and heated tobacco products in the Philippines, according to consumer advocates.
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The National Consumers Union of the Philippines (NCUP) and Vaper AKO in a joint statement challenged anti-vaping organizations to substantiate their allegations against Senate Bill No. 2239 with scientific evidence, and “not with pure insinuations,” according to the Inquirer. The joint statement was issued as the Senate continues to deliberate on the bill that aims “to objectively regulate” next generation tobacco products.
“Stop twisting facts and demonizing SB 2239 whose very purpose is to objectively regulate a much better option to cigarettes. Stop misinformation that causes unfounded fear that drives people away from abandoning smoking. If the vaping bill is not passed into law, 1 million vapers will be driven back to smoking,” NCUP president Anton Israel said.
NCUP and Vaper Ako also questioned the agenda of the anti-vaping groups. “It’s ironic that these anti-vaping organizations, some led by doctors, are dismissing the voluminous scientific data supporting the merits of vaping and HTPs. Instead of objectively looking at the evidence, they use exaggerated scare tactics to keep adult smokers from having access to better alternatives,” Israel said, adding, “Whose interest are they promoting?”
Vaper AKO spokesman Joaqui Gallardo agreed, saying that the anti-vaping advocates are oversimplifying the smoking problem by stating that smokers can simply quit. “DOH data itself reflects only 4 percent of smokers are quitting despite existing approaches, while nations like UK, Japan, and numerous European countries are seeing a significant decline in smoking rates with the introduction of e-cigs and HTPs,” he said.
Israel said a convener of an anti-vaping group publicly contradicted herself by saying vaping causes cancer, while at the same time noting that it takes 20 years for cancer to develop. “How can they make this hasty conclusion when clearly vaping has not been commercially available 20 years ago. She also said COPD (chronic obstructive pulmonary disease) develops faster with vaping without citing scientific evidence. These reckless pronouncements will prevent smokers from moving away from the deadly cigarette instead of switching to a less harmful alternative that can potentially save lives.” he said.
Gallardo also expressed doubts about the credibility of the support the anti-vape group is getting.
“It’s impossible to believe that their baseless views, supposedly supported by different health associations, reflect the collective and honest stance of all the organizations’ members. It’s a fact that there are many local doctors who use and recognize that e-cigarettes are less harmful than smoking. And it’s lamentable that their voices are drowned out by these noisy minority who are peddling the narrative of their foreign funder,” Gallardo said.
The vape bill, according to Israel clearly states that minors are prohibited from accessing e-cigarettes and HTPs. He noted that a third of the version deliberated in the Senate is dedicated to protecting minors. He also dismissed the claim that the Department of Trade and Industry has no capacity to regulate vapor products while raising the objectivity issues of the Food and Drug Administration (FDA).
“Have we forgotten already that the FDA has been exposed during a congressional investigation to have received money from Bloomberg to fund the drafting of regulation on vapor products and HTPs?,” he asks. With their clear as day biased stance on e-cigs and HTPs, how can we expect the agency to implement a balanced regulation on these products?”
The Philippines is set to approve the most progressive and risk-proportionate vaping legislation in Asia-Pacific.
By VV Staff
There are an estimated 17 million smokers in the Philippines. An estimated 117,000 of them die every year from smoking-related diseases, according to Quit for Good, a nonprofit organization that advocates “real, practical and tangible” solutions to smoking cigarettes. However, next-generation tobacco products, like electronic nicotine-delivery systems (ENDS), which studies have shown can be up to 95 percent safer than combustible cigarettes, have had a challenging path to market in the country.
In November 2019, Philippines President Rodrigo Duterte announced a ban on the use and sale of e-cigarettes. It was a sudden and unexpected decision that was made in part due to the rising number of cases of e-cigarette or vaping use-associated lung injury (EVALI) impacting the U.S.. A 16-year-old Filipino girl was also diagnosed with EVALI after using e-cigarettes for six months, prompting the country’s Department of Health to raise concerns.
“I will ban it,” Duterte declared at the time. “The use and importation. You know why? Because it is toxic, and government has the power to issue measures to protect public health and public interest.”
In February of 2020, Duterte signed an executive order that prohibited the use, sale or purchase of cigarettes or other tobacco products by anyone under the age of 18 or ENDS or their components by a person below 21 years old. Then there were proposals to raise the purchase age to 25 for ENDS and ban all vape flavors other than menthol and tobacco.
The U.S. Centers Disease for Disease Control and Prevention (CDC) then finally admitted publicly that EVALI was caused by black market marijuana vaping products rather than nicotine products. As the news spread, the Philippines began to reconsider its position of less-risky alternatives to cigarettes like vapor and heated-tobacco products (HTPs).
Consumer advocates in the Philippines began to promote the regulation of e-cigarettes as a consumer product. They pointed out that the age one can purchase tobacco, alcohol and get married in the Philippines is 18, so the 21-years-of-age requirement to purchase vaping products was nonsensical. At the same time, they argued that adult smokers keen to quit tobacco need reasonable access to safer alternatives, and restricted advertising should be permitted. Product safety standards were also critically important to the consumer advocates.
Earlier this year, the Philippine House of Representatives proposed the Noncombustible Nicotine-Delivery Systems Regulation Act (House Bill 9007). The bill is a massive legislative achievement for tobacco harm reduction advocates in the Philippines, according to Nancy Loucas, executive coordinator of the Coalition of Asia-Pacific Tobacco Harm Reduction Advocates (CAPHRA), a regional alliance of consumer tobacco harm reduction advocacy organizations.
If the measure becomes law, it will authorize the country’s Department of Trade and Industry, in consultation with its Food and Drug Administration, to set rules, regulations and standards on packaging, ingredients and graphic health warnings on ENDS products. The bill also includes the following provisions:
Only retailers can sell ENDS, electronic non-nicotine-delivery systems (ENNDS) or HTPs. Selling to minors is prohibited. Retailers will have to ask buyers for a valid government-issued ID.
Manufacturers, importers and distributors must comply with certain packaging and health warning requirements.
The use of alternative products will be prohibited in all enclosed public places except in designated vaping areas. Indoor use of the products is prohibited in schools, hospitals, government offices and facilities intended for minors.
The sale or distribution of these products within 100 meters from any point of the perimeter of a school, playground or other facility frequented by minors is prohibited.
Manufacturers are prohibited from sponsoring any sport, concert or cultural or art event.
In May, House Bill 9007 passed the House with 192 of its 300 representatives in favor—with only 34 voting against it and four abstaining. The Senate bill is expected to be voted on in September, although as of Aug. 2, it was still in the Philippines’ Senate trade subcommittee, which is deliberating four separate bills seeking the regulation of vaping products.
Several of the country’s health experts and advocates have asked senators to keep the current law with a purchase age of 21 or raise the age to 25 to purchase or use vape, e-cigarettes and vapor products in order “to curb its harmful effects on minors.”
In a press release, Philippine College of Physicians Executive Director Encarnita Blanco-Limpin stated that under the Republic Act No 11467 (a bill based on Duterte’s executive order), the age of purchase for vaporized nicotine products and heated-tobacco products is 21 years old and that should not change. She added that lowering the access of e-cigarettes from those 21 years old to those 18 years old is a retrospective act.
Clarisse Virgino and Peter Dator – Credit: CAPHRA
“Scientific studies have shown the age of maturation actually occurs at the age of 25 years. Now, if we are thinking of changing the minimum age of purchase, maybe what we should do is even increase it to 25 years,” she said. “To be consistent, since all of these [are] addictive substances, maybe it is wise to consider that we put the minimum age of purchase for all the vaporized products, heated-tobacco products, all the regular tobacco products and even alcohol at the age of 21, or even perhaps at the age of 25, so that we will be able to prevent our young from taking up [this] addiction at an earlier age.”
Peter Dator, president of consumer group Vapers PH and a CAPHRA member, hopes the Senate will pass the legislation, and he is confident a clear majority of senators realize just how much is at stake.
“This needs to get passed to ensure millions of Filipino smokers continue to have access to safer nicotine products. At the same time, existing vapers must maintain access to their product of choice to keep them from going back to cigarettes,” he says. “We would like to thank our congressmen for looking at scientific evidence in coming up with a bill that would provide Filipino adult smokers a choice to switch to less harmful alternatives to combustible cigarettes.”
The Philippine representative of CAPHRA, Clarisse Virgino, is also hopeful the Senate will give its approval, which is required to enact the legislation. She says the legislation will legitimize the fact that tobacco harm reduction is “a real thing backed by science,” adding that international evidence continues to put vaping at 95 percent less harmful than smoking.
“It’s vital this legislation gets Senate approval. It will give consumers better protection, enabling them to choose genuine THR products at a reasonable price. Fair regulation will also eradicate any black markets or any sellers who are not authorized to sell THR products, prioritizing the safety of consumers,” she says. “I am confident that like our House representatives, our senators have listened. Without doubt, vaping has proved to be [the] world’s most effective smoking cessation tool. Legitimizing it will go a long way to helping many more Filipino smokers quit cigarettes and protect the rights of consumers to access safer alternatives.”
Loucas says the Philippines’ goal of adopting best practice tobacco harm reduction policies will hopefully be emulated by other Asia-Pacific governments. She says that many of the region’s territories suffer from desperately high smoking rates, and in some countries, such as Thailand, vaping remains illegal.
“This move will only strengthen the Philippines’ independence as it shakes off any remaining vestiges of foreign influence on its public health policies. In recent years, we’ve seen American billionaires and their so-called philanthropic foundations fueling anti-vaping sentiment around the world. It’s well established that the Philippines has been a target,” she said. “As this landmark legislation nears its final hurdle, outside pressure will again pile on, but senators can be confident their positive action will undoubtedly save thousands of Filipino lives.”
According to 6W Research, vaping products are growing in popularity in the Philippines and are “anticipated to witness profound market growth” throughout the forecast period of 2020–2026. The group is predicting a compound annual growth rate of 26 percent.
In April of this year, YOOZ, a major Chinese e-cigarette brand, opened its first store in the Philippines. There are now 31 YOOZ stores nationwide. Willy Lim, a YOOZ franchise owner in Manila, said YOOZ stores in the Philippines have seen a surge in sales, according to a press release. “I am very happy to have made the right decision to join YOOZ,” Lim said. “With such a trustworthy partner, I am very confident in the future of this industry.”
The House of Representatives in Philippines today approved on final reading a proposal that would regulate the manufacture, use, sale, distribution, and promotion of electronic nicotine- and non-nicotine-delivery systems (ENDS/ENNDS), as well as heated tobacco products (HTPs), according to a government release.
Credit: Craitza
With 192 affirmative votes, 34 negative votes, and four abstentions, the chamber passed on third reading House Bill 9007, otherwise known as the “Non-Combustible Nicotine Delivery Systems Regulation Act.” Rep. Sharon Garin, principal sponsor of the measure, said the bill seeks to address the unintended or potential adverse consequences on the use of HTPs and vaping products among Filipino consumers.
“We have included in this bill mechanisms on controlling safety risks and preventing youth uptake of all tobacco and nicotine products,” she said during the virtual session.
The bill provides protection to minors from accessing ENDS/ENNDS or HTPs by setting the minimum allowable age for the purchase, sale, and use of such products to 18 years old.
Retailers shall ensure that no individual purchasing these products are below 18 years old by verifying the age through presentation of any valid government-issued identification card exhibiting the buyer’s photograph and age or date of birth.
The sale and distribution of the products shall be prohibited within 100 meters from any point of the perimeter of a school, playground or other facility frequented by minors shall be prohibited.
Online trade through Internet websites or via e-commerce and other similar media shall be allowed provided that sellers ensure that access is restricted to persons 18 years old or older and that the internet website bears the signage required by the bill.
Advertisements of the products shall be allowed in retailer establishments, through direct marketing, and on the internet.
“These shall not be aimed at or particularly appeal to persons under 18 years of age. These should not undermine quit-smoking messages and should not encourage non-tobacco and non-nicotine users to use ENDS/ENNDS and HTPs. These should not contain any information that is untrue in particular with regard to product characteristics, health effects, risks, or emissions,” the bill states.
The use of ENDS/ENNDS or HTPs shall be prohibited in all enclosed public places, as well as in schools, hospitals, government offices, and facilities intended particularly for minors. However, there shall be designated vaping areas that should comply with standards specified in the proposed law.
The Department of Trade and Industry, in consultation with the Food and Drug Administration, the National Tobacco Administration, and other concerned agencies shall promulgate rules, regulations, and standards on packaging, ingredients, graphic health warnings, detailed information on the allowable nicotine-containing e-liquid, the strength of e-liquids, compliance with applicable electrical standards as well as with applicable industry standards for batteries, according to the release.
Existing industries and businesses affected by the implementation of the Act shall be given an 18-month transitory period from the effectivity of the implementing rules and regulations to comply with the requirements.
A new bill to regulate vaping products in the Philippines is supported by the region’s vapor advocacy groups. House Bill 9007, the proposed “Non-Combustible Nicotine Delivery Systems Regulation Act” is a “massive legislative achievement for tobacco harm reduction advocates” in the Philippines, says Nancy Loucas, executive coordinator of the Coalition of Asia Pacific Tobacco Harm Reduction Advocates (CAPHRA).
Clarisse Virgino and Peter Paul Dator of CAPHRA
“Nearly 90,000 Filipinos die from smoking-related diseases every year. This legislation will not only save thousands of lives, but the Philippines is now leading the way in the Asia-Pacific region with reasonable, risk proportionate regulation which will be very effective in curbing smoking rates,” said Loucas.
Consumer advocates in the Philippines promoted the regulation of e-cigarettes as a consumer product. They argued that the “age of majority” in the Philippines is 18 – they age to purchase combustible tobacco products, alcohol and get married – so the current age to purchase vaping products set at 21 was “nonsensical.” Supporting the minimum age for the purchase, sale and use of such products to 18 would bring vapor products in line with other “adult” activities and privileges.
At the same time, the advocates argued adult smokers keen to quit tobacco need reasonable access to safer alternatives and restricted advertising should be permitted. Product safety standards were also critically important to the consumer advocates.
Clarisse Virgino, the Philippine representative of CAPHRA, said she is “delighted that the country’s legislators have listened,” adding that the prospect of more Filipinos successfully quitting smoking is of historic significance given the country’s “stubbornly high” smoking rates for decades.
“The proposed Act will legitimize the market of vaporized nicotine products which means that consumers will have better protection. We hope that the Senate will also support this bill to provide millions of Filipino smokers with less harmful alternatives to combustible cigarettes,” said Virgino.
Consumer groups in the Asia-Pacific region have launched a petition that urges the World Health Organization (WHO) to respect consumer rights ahead of its next biennial meeting of the WHO Framework Convention of Tobacco Control (WHO FCTC) in November. They are asking for supporters to sign and share the petition at change.org/v4v-petition.
The Philippines House of Representatives passed today on second reading a bill that would lower the minimum age to buy and use e-cigarettes and other vapor products from 21 to 18 years old. This is after the country’s Congress previously passed Republic Act No. 11467, which imposed taxes on vapes and e-cigarettes and set the age to purchase at 21. Less than two years ago, the country banned vaping entirely.
Credit: Carsten Reisinger
The previously passed law also banned the sale of vapes and e-cigarettes to nonsmokers and prohibited flavorings, according to philstar.com. The new proposal, which is just a step away from clearing the House, largely loosens the restrictions put in place by the current law. While all but tobacco flavorings are currently banned, the new bill allows for “plain fruit flavors, nuts, coffee, tea, vanilla, caramel, tobacco, menthol and mint.”
The latest bill would also take away from the Philippine Food and Drug Administration the power to regulate e-cigarettes and vapor products and transfers it to the Department of Trade and Industry, as proponents argued that these are not health products. The bill also allows the sale of vapes and e-cigarettes online, provided that the website will restrict access to those below 18 years old and will display signages required by the proposal.
The latest bill also includes language to allow the advertisement of vapes and e-cigarettes in retail establishments, through direct marketing and on the internet, although it qualified that these ads must not be targeted to minors, must not undermine quit-smoking messages and should not encourage non-smokers to use them.
The new measure also prohibits the sale of vapes and e-cigarettes within 100 meters from a school, playground or other facility frequented by minors and bans the use of vapor products and e-cigarettes in all enclosed public places except in designated vaping areas.
The Philippine E-Cigarette Industry Association (PECIA) is urging Senator Ralph G. Recto to reconsider his proposal to limit the flavors available for vapor products to just tobacco and menthol, reports Business World.
Senate Bill (SB) No. 1951, or the proposed Vaporized Nicotine Products Regulation Act, seeks to regulate the importation, manufacture, packaging, distribution, use and promotion of vapor products and heated tobacco products (HTPs).
The bill imposes an 18-year minimum age for the purchase, sale and use of these products. It also prohibits vendors from selling vapor products within 100 meters of a school, playground and other similar facilities.
“We are supportive of the proposal filed by Senator Recto. We believe that our products should not be made available to minors,” said PECIA President Joey Dulay.
“We also share his objectives of ensuring that proper product standards are put in place and that these are implemented by an able and impartial government regulator.”
But while acknowledging that some flavors target youth, Dulay noted that there are also many flavors that are not attractive to kids and have been shown to help adult smokers to switch to these products. As examples, he cited coffee, tea and plain fruit flavors.
Dulay noted that in the U.K., a wide range of flavors is offered for vapor products, which nevertheless have low youth uptake rates. He said this proves that a good law and its proper implementation are key to preventing minors from accessing such products.
The health warnings for e-cigarettes and other vapor products should be different from warnings on combustible cigarettes, according to a health expert. Indonesian professor and medical expert Tikki Pangestu sought a distinction on the health warnings during the second Philippine Harm Reduction Online Forum held by Harm Reduction Alliance of the Philippines recently.
Photo: Vchalup | Dreamstime.com
“Health warnings on combustible cigarette packs should not be the same as those on the packaging of e-cigarettes and HTPs (heated tobacco products). This is because e-cigarettes and HTPs have been shown to be 90- to 95-percent less harmful than combustible cigarettes,” said Pangestu, visiting professor at the Yong Loo Lin School of Medicine at the National University of Singapore and former director for research policy and cooperation of the World Health Organization, according to an article in The Manila Times.
The implementing rules and regulations of Republic Acts 11346 and 11467 mandate the Department of Health to issue health warning templates for HTPs and vapor products. Pangestu said the health warnings should be “proportionate to the risk of smoke-free products.”
He suggested that health warnings could state that HTPs or vapes, while not free from harm, are “significantly less harmful” than combustible cigarettes.
“The health warnings could also indicate that smoke-free products are for adults only and should not be used by the youth,” Pangestu said. “There are many factors to be considered in developing regulations but in my view, such regulations must be based on the science and evidence around smoke-free products.”
