The Consistent Regulation of E-Cigarette Flavor in the Philippines

Key points:

The Filipino Justice Secretary emphasized that RA 11467 and RA 11900 do not conflict in regulating e-cigarette flavors.

RA 11467 prohibits e-cigarette products with flavors other than tobacco and mint, while RA 11900 regulates the use of flavor descriptions. Both laws work together to enforce strict regulation of e-cigarette flavors.

Two pieces of legislation jointly regulate the sale and promotion of e-cigarette products.

According to Malaya Business Insight on April 14th, Filipino Justice Secretary Jesus Crispin Remulla stated that the ban on flavored e-cigarette products remains in effect under Republic Act 11467. Despite the implementation of the Vaporized Nicotine and Non-Nicotine Products Act (RA 11900), these two laws do not conflict when it comes to regulating e-cigarette flavors.

Remulla stated in a legal opinion publicly released on April 13 that Republic Act 11467 and RA 11900 are consistent in regulating the flavors of e-cigarette products.

Two years ago, former President Rodrigo Duterte signed RA 11467 into law, while RA 11900 automatically took effect two years later. Health Minister Teodoro Herbosa has therefore requested legal guidance to clarify the relationship between the two laws regarding the regulation of e-cigarette flavors.

Hebosa pointed out that RA 11467 prohibits the use of flavors other than original tobacco and mint, while RA 11900 regulates the use of flavor descriptors. Legal guidance is needed to clarify whether the flavor descriptor ban in RA 11900 conflicts with the flavor ban in another law. The opinion of the Department of Justice on this issue is crucial, as Section 29 of RA 11900 stipulates that any laws inconsistent with it will be repealed or amended.

Remulla emphasized that the purpose of the two laws is to regulate the sales and distribution of e-cigarette products, including those containing nicotine and those that do not. RA 11900 provides specific guidelines for the marketing of these products but does not repeal the provisions of RA 11467 regarding the ban on flavors.

Remulla pointed out in a four-page legal opinion that,

Previously, the ban on e-cigarette products applied to the products themselves, while the new law now regulates the packaging, labeling, display, or marketing of e-cigarette products. Therefore, we can harmonize the regulations of the two laws.

Given that there appears to be no contradiction between the two laws, and the legislative body has not clearly indicated an intention to repeal RA 11467, both laws should be appropriately applied.

Remulla further stated that the advertising guidelines in RA 11900 complement the prohibitions on the manufacturing, importation, sale, and distribution of products in RA 11467, collectively regulating the sale of products with flavors other than pure tobacco and mint menthol.