The Vaporized Nicotine and Non-Nicotine Products Regulation Act, officially recorded as Republic Act No. 11900, is a law in the Philippines which aims to regulate the "importation, sale, packaging, distribution, use and communication of vaporized nicotine and non-nicotine products and novel tobacco products", such as electronic cigarettes and heated tobacco products. It lapsed into law on July 25, 2022. As a proposed measure, the law was known as the Vape Regulation Bill.
Background and history
In 2015, the Global Adult Tobacco Survey reported 16.5 million Filipinos smoke tobacco. Tobacco smoking is the leading cause of preventable disease worldwide and generates more illness and premature death than any other avoidable cause. About 110,000 Filipinos die from tobacco-related diseases each year, with about 18.6% of deaths caused by tobacco smoke and 16.6% by tobacco.
Tobacco control efforts in the Philippines have been put in place to address this public health concern. In 2003, the Philippines enacted the Tobacco Regulation Act or Republic Act 9211, which initially provided for smoke-free environments in public spaces, access restrictions, advertising restrictions, as well as initial warnings on tobacco products. It also created an Inter-Agency Committee on Tobacco to implement the law, but the committee included a representative from the tobacco industry.
Regulation of tobacco and tobacco products is vested with the Food and Drugs Administration (FDA), by way of Republic Act No. 9711 and its implementing rules and regulations (IRR). RA 9711 states that the FDA has the authority to “develop and issue standards and appropriate authorizations that would cover establishments, facilities and health products," while the IRR provides that the FDA is responsible for protecting the public's health against the injurious effects arising from the use of tobacco and tobacco products, and has the responsibility for their regulation.
Another landmark tobacco control law is the Graphic Health Warnings Law (Republic Act 10643), enacted in 2014, sought to regulate graphic health warnings on the packaging of tobacco products.
In 2017, then-president Rodrigo Duterte signed Executive Order No. 26, which established smoke-free environments in public places nationwide, citing the Constitutional right to health of people and the State's duty to instill health consciousness among them. The Order also emphasized that "public health takes precedence over any commercial or business interest."
In 2019, the Global Youth Tobacco Survey reported that 10.8% of students, aged 13 to 15 years old, smoke tobacco, and that 14.1% of such 13- to 15-year-old students already used e-cigarettes. In 2020, Duterte released another order, Executive Order No. 106, this time to address the proliferation of electronic nicotine and non-nicotine delivery systems (ENDS/ENNDS), as well as heated tobacco and other novel tobacco products. Citing the World Health Organization, EO 106 stated that "ENDS/ENNDS are unlikely to be harmless, such that long-term use is expected to increase the risk of chronic obstructive pulmonary disease, lung cancer, possible cardiovascular disease, as well as some other diseases associated with smoking."
Republic Act No. 11346, as amended in 2020 by Republic Act No. 11467, also regulated the use of heated tobacco products and vapor products by:
Limiting the age of access to such harmful products to persons 21 years old and above (Sec. 144, RA 11346 as amended by RA 11467); Banning the use of flavors, except tobacco and menthol (Sec. 144, RA 11346 as amended by RA 11467); Imposing graphic health warnings (Sec. 144, RA 11346 as amended by RA 11467); and Designating the FDA as the regulator for heated tobacco and vapor products, to protect public health (Sec. 144, RA 11346 as amended by RA 11467).
Public health implications
The official name of the law is An Act Regulating the Importation, Manufacture, Sale, Packaging, Distribution, Use, and Communication of Vaporized Nicotine and Non-nicotine Products, and Novel Tobacco Products, with the short name of Vaporized Nicotine and Non-Nicotine Products Regulation Act.