Vape Bill 'strengthens' flavor ban on e-cigarettes

File photo
File photo

THE bicameral conference committee's report on the Vape Bill will prohibit the sale of e-cigarettes with flavor descriptors that "appeal to the youth."

The committee said this is in addition to the flavor ban that is being implemented.

The Vape Bill combines House Bill 9007 and Senate Bill 2239, which are acts that regulate the importation, manufacturing, sale, packaging, distribution, use and communication of vapor, heated tobacco, novel tobacco products, and electronic nicotine and non-nicotine delivery systems.

The bill strengthens the ban on selling e-cigarettes with flavors other than menthol and tobacco.

House Committee Chairperson for Economic Affairs Representative Sharon Garin, a member of the Vape Bill house bicameral panel, said the passage of the bill bolsters laws that regulate "sin" products.

"With the passage of the Vape Bill, we are solidifying the provisions of RA (Republic Act) 11467 and Executive Order (EO) 106 issued by President Rodrigo Duterte and, in particular, banning the sale of e-cigarettes with flavors other than menthol and tobacco," Garin said.

Nueva Ecija First District Representative Estrellita Suansing, one of the authors of the Vape Bill in the House of Representatives, said the bill is very restrictive when it comes to flavors.

"We understand that flavors should not be used to target minors and non-smokers. The goal has always been to reach adult Filipino smokers and convince them to use these products instead of cigarettes," said Suansing, who is also a health advocate.

House Deputy Speaker Rodante Marcoleta said out of the 30 provisions of the bill, half are for prohibition, especially for minors.

President Rodrigo Duterte signed Executive Order 106 in February 2020 to regulate vapor goods. Majority of the provisions of the order were modeled after cigarette product regulations.

Garin said there is a need for a comprehensive and special law to regulate vapor products similar to cigarette products.

"We made sure that every aspect of regulation for these products were included in the bill including the manufacture, importation, sale, distribution, use and advertising. We did not leave any stone unturned and even included the provisions under EO 106 issued by the President. More importantly, we made sure that this bill has teeth for enforcement by including severe penalties for violators thereof -- something that we don’t have at present under RA 11467 and EO 106," Garin said.

The Vape Bill strengthens the limitations under EO 106 by restricting the use of vapor products in churches and government facilities, in addition to outlawing the sale of high nicotine e-cigarettes (over 65 milligrams/milliliters). It also prohibits the use of things that are appealing to minors in advertising.

“I don’t understand the misinformation being spread by some sectors that this bill overturns the ban on the use of flavors that appeal to minors and other restrictions under EO 106. This is fake news. Except for the age requirement, the Vape Bill DOES NOT REPEAL the provisions of RA 11467 and EO 106. It actually strengthens it,” Garin said.

The House and Senate both passed the Vape Bill with strong support from members. A total of 195 House lawmakers voted in favor of the bill, while 19 senators approved it.

Aside from regulating sale and use of vapor products, the Vape Act will provide a new revenue stream for public coffers in support of the Universal Health Care program.

The bill will also include the Philippines in the list of countries that recognize tobacco harm reduction as a public health strategy.

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