On his first day in office, Philippine President Marcos vetoed the bill to establish the special ecological zone at the Bura-gan airport city, sending a message that public interest should prevail over commercial profits.
However, the proposed Nicotine and Non-Nicotine Aerosol Products Regulation Act appears to be anything but. The President allowed the act to lapse on July 25th. While the e-cigarette bill would expand its market base and bring more funding to the tobacco industry, it is seen as harmful to health because it would allow individuals as young as 18 to buy, use, and sell e-cigarettes and heated tobacco products, and would lift flavor restrictions on e-cigarette liquids.
The National Health, Food and Drug Administration, Ministry of Education, Ministry of Finance, as well as dozens of medical associations and former health ministers, are strongly lobbying against an electronic cigarette bill. They believe that this puts the country's youth at risk of harmful effects from electronic cigarettes. Former health minister Francisco Duque opposed the claim that electronic cigarettes can help people quit smoking. He said that they typically have the opposite effect as they lead people to engage in more bad habits such as drinking and illegal drug use.
The Philippines is one of the countries with the highest smoking rates among adults and youth around the world. The Global Adult Tobacco Survey in 2015 revealed that nearly 23.8% of Filipino adults used some form of tobacco, with 22.7% of the population being smokers and 18.7% of them being daily smokers.
Approximately 117,000 people die each year in the country due to tobacco-related illnesses such as lung cancer and cardiovascular disease. The cost of treating the four main diseases caused by tobacco use in the Philippines is estimated to be 46.4 billion pesos.
Child rights activists and tobacco control advocates believe that the e-cigarette bill is a "victory for tobacco capital.
The public interest law organization, ImagineLaw, has stated that allowing this bill to become law would be a "betrayal of public health" and a "regrettable development" in light of President Marcos' promise to rebuild the country better.
When the President does not take action after receiving a legislative measure for 30 days, the legislation expires. The previous Congress shelved the e-cigarette bill for five months and on June 24th forwarded a registered copy to Malacañang, just six days before then-President Rodrigo Duterte's term ended.
Health experts and tobacco control advocates are calling for the rejection of the proposed bill, as its provisions conflict with public health goals and international standards, particularly in light of the Supreme Court's ruling in late June upholding the FDA's jurisdiction over tobacco products and reaffirming the country's commitment to the World Health Organization's Framework Convention on Tobacco Control.
Marcos hails from the Ilocos region where tobacco is the main cash crop. Allowing the electronic cigarette bill to expire puts narrow interests ahead of the common good.
Some are calling for the immediate convening of the Legislative-Executive Development Advisory Council (LEDAC) by the President and have pointed out that while the veto power is within the President's rights, its frequent use may strain relations between the executive and legislative branches of government.
In the coming days when meeting with congressional leaders, it should be clear that they will prioritize legislation that serves the public interest, rather than industry profits. The public interest should never be relegated to a secondary position.
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