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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
On February 26, 2020, Executive Order No. 106 prohibiting the manufacture, distribution, marketing and sale of unregistered and/or adulterated electronic nicotine/non-nicotine delivery systems, heated tobacco products and other novel tobacco products, amending Executive Order No. 26 series of 2017 and for other purposes.
The Department of Health has reported that users and bystanders exposed to emissions from the use of Electronic Nicotine and Non-Nicotine Delivery Systems (ENDS/ENNDS), heated tobacco products (HTPs), and other novel tobacco products are at similar risk of respiratory illness, cardiovascular diseases, addiction cancer, neurodegeneration, brain development retardation, anxiety, and sexual and reproductive dysfunctions, among other health conditions.
Prohibition of Unregistered and/or Adulterated ENDS/ENNDS, HTPs, and Other Novel Tobacco Products: The manufacture, distribution, marketing or sale of unregistered or adulterated ENDS/ENNDS, components thereof in the form of devices, e-liquids, solutions, or refills whether physically part of or intended to be used with ENDS/ENNDS, HTPs and other novel tobacco products, are hereby prohibited and shall dealt with in accordance with his Order and existing laws.
Regulatory Framework for ENDS/ENNDS, HTPs, and Other Novel Tobacco Products: All e-liquids, solutions, refill forming components of ENDS/ENNDS or HTPs shall be registered with the Food and Drug Administration (FDA).
All devices forming components of ENDS/ENNDS or HTPs shall be subject to the product standards imposed by the Department of Trade and Industry and the FDA.
Other novel tobacco products shall be regulated in accordance with the Tobacco Regulation Act of 2003 and other relevant issuances, and are subject to the jurisdiction of the Inter-Agency Committee Tobacco (IAC-T), established under the said law.
License to Operate: All establishments engaged in the manufacture, distribution, importation, marketing and sale of ENDS/ENNDS, HTPs, or their components, shall secure a License To Operate (LTO) from the FDA.
Importation: The entry/importation of unregistered or adulterated ENDS/ENNDS, HTPs, or components thereof is hereby prohibited. For this purpose, the FDA and DTI are hereby directed to coordinate with the Bureau of Customs in the formulation of the guidelines, requirements, and procedures for the regulation of the entry/importation of ENDS/ENNDS, HTPs, and other components into the Philippine Market.
Expansion of Prohibited Acts under Executive Order No. 26
Prohibited Acts
- Smoking/vaping within enclosed public places and public conveyances, whether stationary or in motion, except in Designated Smoking/Vaping Areas (DSVAs) fully compliant with the requirements of importation under this Order;
- For persons-in-charge to allow, abet or tolerate smoking/vaping in places enumerated in the preceding paragraph, outside of DSVAs fully compliant with the requirements of importation under this Order;
- For any person to sell, distribute or purchase tobacco products to or from minors, or ENDS/ENNDS, HTPs, or their components to or from persons below twenty-one (21) years old. It shall not be a defense for the person selling, distributing, or purchasing that he/she did not know or was not aware of the real age of the person he/she is transacting with. Neither shall it be a defense that he/she did not know nor had any reason to believe that the cigarette or any other tobacco product, ENDS/ENNDS, HTPs, or their components, was for the consumption of the person who received it;
- Use, sale or purchase of cigarettes or other tobacco products by a minor, or of ENDS/ENNDS, HTPs, or their components by a person below twenty-one (21) years old;
- Ordering, instructing or compelling the use, lighting up, purchase, sale, distribution, delivery, advertisement or promotion of tobacco products by a minor, or of the ENDS/ENNDS, HTPs, or their components by a person below twenty-one (21) years old;
- Selling or distributing tobacco products, ENDS/ENNDS, HTPs, or their components in a school, public playground, youth hostels, recreational facilities for minors, areas frequented by minors, or within 100 meters from any point of the perimeter of these places;
- Placing, posting, displaying or distributing advertisement and promotional materials of tobacco products, ENDS/ENNDS, HTPs or their components, such as but not limited to leaflets, posters, display structures and other materials in areas where their sale and distribution is prohibited;
- Placing any form of advertisement of tobacco products, ENDS/ENNDS, HTPs, or their components outside the premises of point-of-sale retail establishments;
- Placing any stall, booth, and other displays promoting tobacco products, ENDS/ENNDS, HTPs, or their components, in areas outside the premises of point-of-sale locations or adult-only facilities;
- Failure to mark containers and packages of ENDS/ENNDS, HTPs, and the components thereof, with appropriate health warnings, pursuant to the content, format and specifications designated by the FDA, based on the actual ingredients or components of the product;
- Incorporating e-liquids, solutions and refills with flavors and additives that are proven or suspected of to be appealing or enticing to persons below twenty-one (21) years of age, toxic, harmful, addictive or sensitizing; and
- Adding Tetrahydrocannabinol (THC) or cannabinoid compounds in liquids used in ENDS/ENNDS and HTPs. Violation of this provision shall be punishable in accordance with the applicable penalties provided under the Comprehensive Dangerous Drugs Act of 2002.
Expansion of the Smoking Cessation Programs: The Local Government Units (LGUs), particularly the respective City/Municipal Health Officer, in coordination with the DOH, are enjoined to develop, promote and implement their respective Local Smoking Cessation Programs consistent with the National Smoking Cessation Program established pursuant to Tobacco Regulation Act, and to encourage with the participation of the public and private facilities which may be able to provide for the requirements of the program. Such programs should include the implementation of the provisions of this Order regarding ENDS/ENNDS, HTPs, and other novel tobacco products, smokers/vapers who are willing to quit and/or those found violating this Order may be referred to the said Program and facilities.
Expansion of the Mandate of the Smoke-Free Task Force: All cities and municipalities are enjoined to form a local Smoke/Vape-Free Task Force to help carry out the provisions of this Order, including the apprehension of violators and the institution of criminal proceedings for violations of this Order, in accordance with relevant laws, rules and regulations, and strictly observing due process.
Related Articles:
RESTRICTIONS ON ADVERTISING UNDER TOBACCO REGULATION ACT OF 2003
Designated Smoking and Non-Smoking Areas in the Workplace (Section 6, Republic Act No. 9211)
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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