No need for new vape law, FDA should strengthen regulation —group

The Health Justice Philippines (HJP) on Tuesday asked the Food and Drug Administration (FDA) to strengthen its regulation on the use of vaporized nicotine and non-nicotine products or vapes to protect the youth against its harmful effects.

In a forum, HJP legal consultant Ben Nisperos said the country does not need a new law on vape and should just ensure the implementation of Republic Act 11467 which increases the excise tax on alcohol products, electronic cigarettes, and heated tobacco products.

"We want to correct the misinformation of the industry and vape bill lobbyists. We already have a law regulating vapes. Hindi natin kailangan ng bagong batas," he said.

"Ang kailangan natin ay i-implement ang kasalukuyang batas. (We don't need a new law. What we need is to implement the current law). Give this law a chance," he added.

Nisperos pointed out that the FDA has already classified the main ingredients of vape products "as toxics."

"Gusto natin na si FDA ang may hurisdiksyon sa produktong ito dahil sila ang may mandato base sa kanilang charter na sila ay nag-re-regulate ng nicotine products na highly addictive products," he said.

(We want the FDA to have jurisdiction over this product because they have the mandate based on their charter that they regulate nicotine products which are highly addictive products.)

"Si Pangulong Duterte na nga po mismo ang nagsabi na ang vape at nicotine tobacco products na toxic sa kanyang policy pronouncement. Gusto niya nga itong i-ban," he added.

(President Duterte himself said that vape and nicotine tobacco products are toxic as per his policy pronouncement. He really wants to ban it.)

The proposed Vaporized Nicotine Products Regulation Act, which seeks to regulate vaporized nicotine and non-nicotine products as well as novel tobacco products, is awaiting the signature of President Rodrigo Duterte.

The Department of Education earlier said that if Duterte signs the proposed SB 2239 into law, it will erode the important provisions already set forth in RA 11467 and Executive Order No. 106 both signed by the President in 2020.

The proposed measure seeks to place under the Department of Trade and Industry (DTI) the registration of vape products.

The DTI will also consult with the FDA in setting technical standards for the safety, consistency, and quality of the vape products.

The measure also seeks to lower the age of access to vape and e-cigarette products from 21 to 18.

It also provides regulations on the importation, manufacture, sale, packaging, distribution, use, and communication of vape products and novel tobacco products.

Veto bill

Meanwhile, the Child Rights Network appealed to the president to veto the measure.

The group urged the chief executive to heed the calls of health experts and the DepEd and DOH in making a decision on the vape bill.

"We implore President Duterte to negate the lobbying of the tobacco industry and uphold public health. Listen to your Cabinet members, especially DepEd and DOH. Listen to health experts. Listen to child rights advocates. Veto the vape bill," the group's convenor, Rom Dongeto, said.

Health Secretary Francisco Duque III earlier advised the public that they should not be misled by the bill, saying this was a "Trojan horse" in the policy to protect health.

Duque stressed there is growing evidence that vapes and e-cigarettes are "harmful and not risk-free," adding that they increase the risk of heart and respiratory diseases, and explosion injuries.—LDF, GMA News