Filipino Legal Expert Interpreted the New Vape Law on AHRF 2022

The Fifth Asia Harm Reduction Forum (AHRF 2022) took place on Friday 28th October, at The Manila Hotel in the Philippines. 2FIRSTS, the global media for the vaping industry, followed up on the event.

AHRF 2022 Lead Convenor Professor is Ron Sison, president of HARAP (The Harm Reduction Alliance of the Philippines) giving a welcome speech. Picture: 2FIRSTS correspondent

In the afternoon, Atty. Peter Paul Dator, an expert on Pilipino Legislation, gave a speech titled “What’s Next After the Approval of the Vape Law? Implementation is the Bigger Challenge” that elaborated on the newly adopted “Vaporized Nicotine and Non-Nicotine Products Regulation Act” and what opportunities and challenges are in store.

Atty. Peter Paul Dator giving a speech. Picture: 2FIRSTS correspondent

Differentiated Framework

The Vape Law Sets a Differentiated Regulatory Framework

1. Provides for a separate regulatory framework governing Vapor Products and HTPs (Sec. 2)
2. Defines Vaporized Nicotine and Non-Nicotine Products as novel consumer goods that generate aerosol without combustion (Sec. 3 (DD))
3. Requires differentiated health warnings for the packaging of Vapor Product and HTP consumables (Sec. 4)
4. Requires Designated Vaping Areas in all indoor public places with strict standards for users where minors and smoking combustible cigarettes are not allowed. (Sec.17 (C) and (K))

Ban on Promotion for Minors

The Vape Law Protects Minors

1. Bans the sale to and use by minors of vape products (Sec. 6)
2. Bans the sale, advertising and promotion of vape products within 100 meters of school perimeters and playgrounds (Sec. 9)
3. Requires POS signage “THE SALE OR DISTRIBUTION OF VAPORIZED NICOTINE AND NON-NICOTINE PRODUCTS TO OR BY PERSONS BELOW EIGHTEEN (18) YEARS OF AGE IS ILLEGAL” (Sec. 10)
4. Bans the display of vape products immediately next to products of particular interest to minors (Sec. 11)
5. Bans the use of flavor descriptors and product communications that unduly appeal to minors in vape products (Sec. 12 (D) and (J))
6. Penalizes with a fine or imprisonment persons who will sell to minors (Sec.23 (b) (i))

Packaging And Health Warnings & POS Signages

The Vape Law Protects Consumers and Non-smokers

1. Requires Graphic Health Warnings and textual warnings with the penalty of fine and imprisonment (Sec. 4 (A) and 23 (D))
2. Requires product health warnings: “THIS PRODUCT IS HARMFUL AND CONTAINS NICOTINE WHICH IS A HIGHLY ADDICTIVE SUBSTANCE. THIS IS FOR USE ONLY BY ADULTS AND IS NOT RECOMMENDED FOR USE BY NON-SMOKERS” (Sec. 4)
3. All product communications shall contain the health warning: “THIS PRODUCT IS HARMFUL AND CONTAINS NICOTINE WHICH IS A HIGHLY ADDICTIVE SUBSTANCE. THIS IS FOR USE ONLY BY ADULTS AND IS NOT RECOMMENDED FOR USE BY NON-SMOKERS” (Sec. 12(B))

Ban on Illegal Products

The Vape Law Curbs Illicit Trade and Ensures Tax Collection

1. Prohibits the importation and manufacture of vape products that do not comply with Bureau of Internal Revenue (BIR) tax requirements (Sec.4 (d))
2. Prohibits the sale of vape products on the internet if the retailer is not registered with the Department of Trade and Industry (DTI) or Securities and Exchange Commission (Sec. 8)
3. Requires the registration of manufacturers and importers of vape products with the DTI (Sec. 19)
4. Requires that internet websites/e-commerce platforms shall only allow online sellers that are registered with the DTI and BIR (Sec. 19)

According to the ACORN consumer survey, 90% of Filipino smokers think the government should enforce THR, 94% think policies can lead to better alternatives, and 88% will consider switching from smoking to vaping. 

In the future

Capacity Building for Quit for Good

• Strengthen membership base and expand partnerships
• Research and surveys

Continue Educating Smokers on Cessation Options

• Podcasts
• Media Forum
• Social Media Engagement

Monitor and Advocate for Faithful Implementation of the Vape Law

• Department of Trade and Industry 

Group Picture of David Yu, 2FIRSTS international development manager, and Present Experts. Picture: 2FIRSTS Correspondents

2FIRSTS will present you with more information on the forum. Please stay tuned.