CA member cautions Herbosa about commenting on Vape Law

A member of the House of Representatives contingent in the Commission on Appointments (CA) cautioned Health Secretary Ted Herbosa against commenting on the Vape law, saying that Herbosa should follow existing laws to secure his CA confirmation.

CA member and 1-Sagip party-list Representative Rodante Marcoleta issued the statement in response to Herbosa’s comment cautioning the government against marketing the Philippines to multinational corporations as a manufacturing hub for vape and heated tobacco products (HTPs) as this “may lead to the worsening of the tobacco epidemic in the country.”

Herbosa’s statement stemmed from the Department of Trade and Industry (DTI) touting the Philippines' potential as a manufacturing hub for HTPs in the Asia-Pacific region.

Marcoleta said the Vaporized Nicotine and Non-Nicotine Products Regulation bill had lapsed into law in July 2022, and that Herbosa should not take position contrary to the law.

“The Philippine government, particularly Congress and Senate have already set the country’s state policy on vape and heated tobacco products with the passage of RA11900 (Vaporized Nicotine and Non-Nicotine Products Regulation law ) regulating the same. The President allowed it to lapse into law which means he supports the policies stated therein. Otherwise, he would have vetoed it,” Marcoleta said.

“If he wants to secure his confirmation, he should learn to respect the rule of law and abide by existing laws and state policies enacted by Congress,” Marcoleta added.

Herbosa's confirmation is still pending before the CA, a body composed of legislators which evaluates presidential appointees for approval or rejection.

As it stands, Marcoleta said that the government’s policy was to regulate and not ban vape and heated tobacco products and to ensure only those products that pass the standards of the DTI (Department of Trade and Industry) were sold in the market, as well as reduce the harm caused by smoking by allowing the sale of these alternative products.

“His (Herbosa’s) personal opinion should never prevail over what our laws state. This is fundamental to anyone who takes his oath of government office,” Marcoleta said.

“The logic is simple. The DTI (Department of Trade and Industry) wants to promote PH as an HTP (heated tobacco product) export hub because it will generate jobs and economic activity for the country,” Marcoleta added.

GMA News Online had sought comment from Herbosa, but he has yet to respond as of posting time. — DVM, GMA Integrated News