VAPORIZED NICOTINE Products (VNPs) refer to a category of novel consumer goods that generate a nicotine-containing or non-nicotine containing aerosol without combustion or burning. This product category embraces both heated tobacco products and vapor products. Senator Ralph Recto has filed Senate Bill No. 1951 seeking to regulate, the importation, manufacture, sale, packaging, distribution, use, advertisement, promotion and sponsorship of VNPs to reduce the harm caused by smoking, promote a healthy environment and protect the citizens from any potential hazards coming from the use of these novel consumer products.
This bill also declares it a national policy to consider harm reduction measures as a public health strategy whereby these novel consumer products are properly regulated, the citizens protected from the hazards of tobacco smoke while ensuring that access to non-combustible alternatives to cigarettes is not curtailed. This measure imposes a minimum age restriction of 18 years for these products to ensure that only adults are allowed access to its use.
It also mandates that buyers be made to verify their age through a government-issued identification card. Websites that carry these products should also be age gated. To ensure that adult smokers are made aware of these products and encouraged to switch to these novel products, this bill allows product communication in points of sale, on the internet, and through direct marketing. However, the bill also provides that product communication should not be false or unsubstantiated. It is also prohibited for these marketing materials to target minors or non-smokers.
This bill prohibits the use of these products in schools, hospitals, government offices, and facilities intended particularly for minors. It further limits to designated vaping areas, the use of these products in indoor facilities and in other specific places that are open to the general public. Most importantly, this bill grants the Department of Trade and Industry jurisdiction over these products. To ensure that defective, dangerous, and substandard products are kept off the market, product standards for consumables and electrical devices in line with international practices shall be made mandatory.
All manufacturers, importers, and distributors duly authorized to sell Vapor Product Refills and HTP Consumables shall comply with the following packaging requirements: a) Only the unit packaging or any outside consumer packaging of Vapor Product Refills or HTP Consumables and refill containers shall bear the following health warnings on the lower fifty percent (50%) of the principal display surface; “This product is harmful and contains nicotine which is a highly addictive substance. It is not recommended for use by non-smokers.”; b) Nothing shall be printed or applied on a location where it is likely to obscure or cover. In part or in whole, the health warning; and c) No part of the warning may be obliterated, obscured, folded, severed or become unreadable when the package is opened or closed or when a wrapper on the package is removed.
The sale or distribution of VNPs within one hundred (100) meters from any point of the perimeter of a school, playground or other facility frequented particularly by minors shall be prohibited.
The following penalties shall individually apply to manufacturers, importers, distributors, and sellers of VNPs as well as their agents for any violation of this Act: a) On the first offense, a fine of not more than One Hundred Fifty Thousand Pesos (P150,000.00); b) On the second offense, a fine of not more than Two Hundred Fifty Thousand Pesos (P250,000.00); c) On the third offense, a fine of not more than Five Hundred Thousand Pesos (P500,000.00); or imprisonment of not more than five (5) years, or both, at the discretion of the court: Provided, That the business permits and licenses, in the case of a business entity or establishment shall be revoked or cancelled. Non-compliant VPNs found in the market for sale or distribution shall be subject to confiscation. Online sellers and distributors of VPNs and online platforms that are non-compliant of this Act shall be ordered by the DTI to immediately suspend trading of such products, and shall be liable for the fines and penalties imposed under this Act. Suspension shall continue until the seller distributor or online platform has complied with the requirements provided under this Act. If the guilty officer is a foreign national, the officer shall be deported after service of sentence and/or payment of applicable fines without need of further deportation proceedings and shall be permanently barred from re-entering the Philippines.
All LGUs shall ensure that this Act is implemented within their respective jurisdictions. No LGU may establish or continue to implement any of its requirement for a vapor product or heated tobacco product, which is different from, or in addition to, any requirement under the provisions of this Act.