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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:
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 Act contained 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.
In 2021, the Philippine Statistics Authority, in collaboration with the Department of Health, presented the country’s report on its Global Adult Tobacco Survey (GATS). The survey included a report of the Philippines’ awareness and use of e-cigarette, which is “a handheld electronic device that vaporizes a flavored liquid.” Using an e-cigarette is often called “vaping”, where the user inhales the vaporized flavored liquid, which may or may not contain nicotine.
The 2021 GATS found that there is a growing trend of awareness and use of e-cigarettes. Seven out of ten adults had heard of e-cigarettes or vaping, and 5.7% and 2.1% of the sampled population were ever and current users, respectively.
In response to this, 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.
Under the Act, the government shall, among others:
- Regulate the importation, assembly, manufacture, sale, packaging, distribution, use, advertisement, promotion and sponsorship of 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.
“Vaporized Nicotine or Non-Nicotine Products” refer to both “Heated Tobacco Products” (HTP) and “Vapor Products”, which are novel consumer goods that generate a nicotine-containing or non-nicotine-containing aerosol without combustion. Some notable regulatory measures for these products include provisions on Packaging and Health Warnings; Minimum Age Sales and Purchase; Restrictions on Vaporized Nicotine and Non-Nicotine Product or Novel Tobacco Product Promotional Activities.
Packaging and Health Warnings
The products covered by the Act, namely Vaporized Nicotine or Non-Nicotine Products, must comply with certain packaging requirements. For instance, the unit packaging or any outside consumer packaging must bear:
- Health warnings consistent with the graphic requirements of the “The Graphic Health Warnings Law”, and designations by the DOH;
- A textual health warning which states either of the following:
- “This product is harmful and contains nicotine which is a highly addictive substance. It is not recommended for use by nonsmokers.”
- “This product may contain a substance that is harmful. Itis not recommended for use by nonsmokers.”
- Nothing shall be printed or applied on a location where the health warning is likely to be obscured or covered, in part or in whole;
- 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.
Minimum Age Sales and Purchase
A person must be at least eighteen (18) years old to purchase and use Vaporized Nicotine and Non-Nicotine Products or Novel Tobacco Products.
Sellers cannot make the defense that he or she did not know the real age of the purchaser, as they are required to verify a buyer’s age. Sellers must require a buyer to present any valid government-issued identification card exhibiting the buyer’s photograph and age or date of birth.
Restrictions on Vaporized Nicotine and Non-Nicotine Product or Novel Tobacco Product Promotional Activities
Promotional activities related to Vaporized Nicotine and Non-Nicotine Products or Novel Tobacco Products are restricted under the Act. Restrictions include that:
- Promotional events and activities, such as product sampling, shall only be conducted by trained product experts and must be directed only to persons at least eighteen (18) years old;
- In addition to the required health warning, the age requirement for participation in any promotional activity must be clearly marked on the program materials distributed to consumers;
- There should be no medicinal claim on marketing materials or packaging unless such claim is approved by the FDA;
- All stalls, booths, and other displays must be limited to point-of-sale locations or adult-only facilities;
- Telecommunications concerning promotional offers, programs or events must include a recorded health warning message in English or Filipino;
- No product promotional placement or advertisement shall be made by any manufacturer, distributor, or retailer including use of the product, in any manner, in a video game or in any television program or motion picture authorized by regulatory agencies concerned for viewing by the general public;
- The manufacturer or company must take all available measures to prevent third parties from using the company’s brand names, logos, or other proprietary symbol on products that are directed toward minors.
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WHAT IS REPUBLIC ACT No. 9211 OR TOBACCO REGULATION ACT OF 2003?
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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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