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The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
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:
Republic Act (RA) No. 11900 or the “Vaporized Nicotine and Non-Nicotine Products Regulation Act” was passed and lapsed into law on July 25, 2024. The is in line with the State’s policy to regulate Vaporized Nicotine and Non-Nicotine Products, and their devices, and Novel Tobacco Products; promote a healthy environment; protect the citizens from any potential hazards of these novel consumer products; and reduce the harm caused by smoking said products.
RA 11900 or the “Vaporized Nicotine and Non-Nicotine Products Regulation Act”, regulates the importation, assembly, manufacture, sale, packaging, distribution, use, advertisement, promotion, and sponsorship of Vaporized Nicotine and Non-Nicotine Products, their devices, and Novel Tobacco Products, in line with the States policy to protect and promote the right to health of the people and instill health consciousness among them.
The Department of Trade and Industry – Office for the Special Mandate on Vaporized Nicotine and Non-Nicotine Products, their Devices, and Novel Tobacco Products (OSMV), issued Policy Advisory No. 24-01 on September 4, 2024, which sets forth the Elements of Offenses Provided Under RA 11900 or the Vaporized Nicotine and Non-Nicotine Products Regulation Act. The Policy aims to ensure the orderly enforcement of the law, as well as to establish uniform and predictable resolutions to formal charges.
The following are the offenses enumerated in Policy Advisory No. 24-01:
Section 4. Packaging and Health Warnings.
Section 5. Tamper-Resistant and Child-Resistant Design
Section 6. Minimum Age Sales and Purchase
Section 7. Proof-of-Age Verification
Section 8. Online Trade
Section 9. Sales and Promotion within School Perimeters
Section 10. Point-of-Sale Signage
Section 11. Display of Products
Section 12. Product Communication Restrictions
Section 13. Restrictions on Vaporized Nicotine and Non-Nicotine Product or Novel Tobacco Product Promotional Activities
Section 14. Restrictions on Sponsorship
Section 15. Use in Public Place
Section 17. Standards for Designated Vaping Areas
Section 18. Product Standard Requirements
Section 20. Restriction on Retail and Sale of Nicotine Shots
The elements of the aforesaid offenses should be referred to or invoked in the resolution of formal charges concerning RA 11900, subject to decisions of appropriate courts.
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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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