Bill regulating use of vape, heated tobacco products sponsored in Senate

A bill seeking to regulate the use, manufacture, sale, packaging, distribution, use and consumption of vaporized nicotine products (VNP) such as vapor products and heated tobacco, was sponsored in the Senate Wednesday.

Senate President Pro Tempore Ralph Recto introduced Senate Bill 2239 to the Senate plenary, which considered Committee Report No. 265.

In sponsoring the bill, Recto reiterated that VNPs are not free from risk.

“Similar to cigarettes, they pose health risks. The absence of combustion does not make it nicotine-free. What VNPs do is that they lessen the emission of other harmful chemical compounds, which are released when tobacco is set on fire,” he said.

He, however, said that VNPs are a good alternative to kick the habit of smoking.

But still, Recto said studies that support claims that VNPs can cut consumption of smokers are still contested. Hence, there is a need for a legislation that will regulate its sale to minors.

“That is why VNPs should not be sold to minors and all efforts must be exerted by government to prevent them from tasting it, and that their merchants, like the serpent in the garden of Eden, should be prevented from tempting our youth,” he said.

Under SB 2239, minors are not allowed to buy VNPs and retailers should verify the age of the buyers by presenting a valid ID during the transaction.

This also applies to online sale of VNPs where the age verification will be done upon the delivery of the products.

The bill requires retailers and distributors, both physical and online stores, to be registered with the Department of Trade and Industry (DTI) and the Securities and Exchange Commission (SEC).

SB 2239 will also provide authority to regulators to take down websites of unethical and illegal sellers.

“Another key feature of this bill is that it will ban celebrity or social media influencers from endorsing these products, whether the endorsement is implied or expressed, or as a friend joked, regardless of their state of undress,” Recto said.

The proposed measure likewise bans the sale and distribution of the VNPs within 100 meters from any point of the perimeter of a school, playground, or other facilities that the minors frequently visit.

The establishments are required to put up signage that VNPs’ sale to minors is illegal.

SB 2239 also bans retail or use of nicotine shots or concentrates.

The VNPs shall also carry graphic and textual health warning like the ones attached in cigarette packs.

Advertisements and consumer communication, including display materials and promotional activities in points-of-sale, retail establishments, direct marketing, and on the internet were limited under the measure.

Corporate sponsorships to industry associations or trade events will only be allowed to occasions that will only invite adults.

Use of VNPs is prohibited in schools, hospitals, government offices, and facilities intended particularly for minors.

Its use in indoor public spaces will only be allowed in designated vaping areas or in point-of-sale establishments for purposes of conducting product demonstration.

This bill also provides penalties for violations of the terms of sale and distribution, use in public spaces, packaging, product communications, and other regulations set in the measure.

The accreditation with the DTI will set the product standards which should be met by the sellers within a limited period of time.

On the other hand, the Bureau of Internal Revenue will issue revenue regulations on the floor price of VNPs which Recto said, should not be sold in “giveaway prices as a ploy to build consumer base.” — BM, GMA News