Vaporized Nicotine and Non-Nicotine Products Regulation Act | |
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Congress of the Philippines | |
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Citation | Republic Act No. 11900 |
Enacted by | House of Representatives of the Philippines |
Enacted by | Senate of the Philippines |
Commenced | July 25, 2022 |
Legislative history | |
First chamber: House of Representatives of the Philippines | |
Bill citation | House Bill 9007 |
Bill published on | January 26, 2022 |
Second chamber: Senate of the Philippines | |
Bill citation | Senate Bill 2239 |
Bill published on | January 25, 2022 |
Status: In force |
The Vaporized Nicotine and Non-Nicotine Products Regulation Act, officially recorded as Republic Act No. 11900, is a law in the Philippines which aims to regulate the "importation, sale, packaging, distribution, use and communication of vaporized nicotine and non-nicotine products and novel tobacco products", such as electronic cigarettes and heated tobacco products. [1] It lapsed into law on July 25, 2022. [2] As a proposed measure, the law was known as the Vape Regulation Bill.
As of 2015, there were more than 16 million smokers residing in the Philippines. [3] Tobaco smoking is the leading cause of preventable disease worldwide and generates more illness and premature death than any other avoidable cause. [4] [5] About 110,000 Filipinos die from tobacco-related diseases each year, with about 18.6% of deaths caused by tobacco smoke and 16.6% by tobacco. [6]
In 2017, then-president Rodrigo Duterte signed Executive Order no. 26, which banned smoking tobacco products in public places nationwide. EO 26 did not include e-cigarettes and did not specifically exclude new age nicotine delivery systems. As such, there were no regulations covering the new products. Some local government units opted to treat the new products like combustible tobacco and banned them. [7]
The Vape Regulation Bill was ratified by the Senate and the Lower House on January 6, 2022, during the Duterte administration. The ratified bill was submitted to the president on June 24, 2022, less than a week before Duterte left office. [8]
Duterte did not sign the bill into law nor veto it. Under Article VI, Section 27 (1) of the Constitution of the Philippines, the bill lapsed into law on July 25, 2022. [9]
The official name of the law is An Act Regulating the Importation, Manufacture, Sale, Packaging, Distribution, Use, and Communication of Vaporized Nicotine and Non-nicotine Products, and Novel Tobacco Products, with the short name of Vaporized Nicotine and Non-Nicotine Products Regulation Act. [9]
The law's aims include environmental protection, protection against unknown harms of the new products, tobacco harm reduction, and reduction in the use of nicotine products by minors. [9] [10]
The law bans the sale to and use by minors of these products, and also prohibits the advertising and sale of the same within 100 meters of school perimeters and playgrounds. The use of flavor descriptors for these products that are appealing to minors and the display "next to products of particular interest to minors" are likewise banned. [11]
The Department of Trade and Industry has regulatory jurisdiction over electronic cigarettes (vapes) and other heated tobacco products instead of the Food and Drug Administration of the Department of Health. [12]
Various groups and individuals expressed concerns and opposition over the development and passage of the bill.
On the other hand, various medical professionals expressed support for the law.
A cigarette is a narrow cylinder containing a combustible material, typically tobacco, that is rolled into thin paper for smoking. The cigarette is ignited at one end, causing it to smolder; the resulting smoke is orally inhaled via the opposite end. Cigarette smoking is the most common method of tobacco consumption. The term cigarette, as commonly used, refers to a tobacco cigarette, but the word is sometimes used to refer to other substances, such as a cannabis cigarette or an herbal cigarette. A cigarette is distinguished from a cigar by its usually smaller size, use of processed leaf, and paper wrapping, which is typically white.
A vaporizer or vaporiser, colloquially known as a vape, is a device used to vaporize substances for inhalation. Plant substances can be used, commonly cannabis, tobacco, or other herbs or blends of essential oil. However, they can also be filled with a combination propylene glycol, glycerin, and drugs such as nicotine or tetrahydrocannabinol as a liquid solution.
Tobacco harm reduction (THR) is a public health strategy to lower the health risks to individuals and wider society associated with using tobacco products. It is an example of the concept of harm reduction, a strategy for dealing with the use of drugs. Tobacco smoking is widely acknowledged as a leading cause of illness and death, and reducing smoking is vital to public health.
An electronic cigarette is an electronic device that simulates tobacco smoking. It consists of an atomizer, a power source such as a battery, and a container such as a cartridge or tank. Instead of smoke, the user inhales vapor. As such, using an e-cigarette is often called "vaping". The atomizer is a heating element that vaporizes a liquid solution called e-liquid, which quickly cools into an aerosol of tiny droplets, vapor and air. E-cigarettes are activated by taking a puff or pressing a button. Some look like traditional cigarettes, and most kinds are reusable. The vapor mainly comprises propylene glycol and/or glycerin, usually with nicotine and flavoring. Its exact composition varies, and depends on several things including user behavior.
Flavored tobacco products — tobacco products with added flavorings — include types of cigarettes, cigarillos and cigars, hookahs and hookah tobacco, various types of smokeless tobacco, and more recently electronic cigarettes. Flavored tobacco products are especially popular with youth and have therefore become targets of regulation in several countries.
The Family Smoking Prevention and Tobacco Control Act, is a federal statute in the United States that was signed into law by President Barack Obama on June 22, 2009. The Act gives the Food and Drug Administration the power to regulate the tobacco industry. A signature element of the law imposes new warnings and labels on tobacco packaging and their advertisements, with the goal of discouraging minors and young adults from smoking. The Act also bans flavored cigarettes, places limits on the advertising of tobacco products to minors and requires tobacco companies to seek FDA approval for new tobacco products.
In the United Kingdom, smoking is legally permitted, with certain conditions set from laws enacted separately in England, Wales, Scotland and Northern Ireland. It is illegal to smoke tobacco in enclosed public places, such as restaurants, shops or pubs, under the Health Act 2006 for England and Wales, the Smoking Order 2006 for Northern Ireland and the Smoking, Health and Social Care (Scotland) Act 2005 for Scotland. It is also illegal to smoke in a car if one is transporting people under 18 or if a vehicle is being used for work purposes. Smoking is prevalent among a sizeable, but continuously reducing minority of the population. It has been argued that smoking puts considerable strain upon the NHS due to the health problems which can be directly linked with smoking. Successive UK Governments have endeavoured to reduce the prevalence of smoking. As part of this commitment, the NHS currently offers free help to smokers who want to quit.
Tobacco smoking in the Philippines affects a sizable minority of the population. According to the 2015 Global Adult Tobacco Survey (GATS) conducted under the auspices of the Philippines' Department of Health, Philippine Statistics Authority, the World Health Organization, and the United States Centers for Disease Control and Prevention, 23.8 percent of the adult population were "current tobacco smokers". This figures represented 16.6 million of 69 million adult Filipinos.
Regulation of electronic cigarettes varies across countries and states, ranging from no regulation to banning them entirely. For instance, e-cigarettes were illegal in Japan, which forced the market to use heat-not-burn tobacco products for cigarette alternatives. Others have introduced strict restrictions and some have licensed devices as medicines such as in the UK. However, as of February 2018, there is no e-cigarette device that has been given a medical license that is commercially sold or available by prescription in the UK. As of 2015, around two thirds of major nations have regulated e-cigarettes in some way. Because of the potential relationship with tobacco laws and medical drug policies, e-cigarette legislation is being debated in many countries. The companies that make e-cigarettes have been pushing for laws that support their interests. In 2016 the US Department of Transportation banned the use of e-cigarettes on commercial flights. This regulation applies to all flights to and from the US. In 2018, the Royal College of Physicians asked that a balance is found in regulations over e-cigarettes that ensure product safety while encouraging smokers to use them instead of tobacco, as well as keep an eye on any effects contrary to the control agencies for tobacco.
The use of electronic cigarettes (vaping) carries many health risks, especially for children, young adults, and pregnant people. The risk depends on the composition of electronic cigarette aerosol and varies according to the contents of the liquid, the physical and electrical design of the device, and user behavior. As of 2019, the long-term risks of vaping are uncertain because it is a relatively new technology, although the long-term risks of some individual substances in vaping aerosols have been studied. In the United Kingdom, vaping is considered by some to be around 95% less harmful than tobacco after a controversial landmark review by Public Health England.
The scientific community in United States and Europe are primarily concerned with the possible effect of electronic cigarette use on public health. There is concern among public health experts that e-cigarettes could renormalize smoking, weaken measures to control tobacco, and serve as a gateway for smoking among youth. The public health community is divided over whether to support e-cigarettes, because their safety and efficacy for quitting smoking is unclear. Many in the public health community acknowledge the potential for their quitting smoking and decreasing harm benefits, but there remains a concern over their long-term safety and potential for a new era of users to get addicted to nicotine and then tobacco. There is concern among tobacco control academics and advocates that prevalent universal vaping "will bring its own distinct but as yet unknown health risks in the same way tobacco smoking did, as a result of chronic exposure", among other things.
An electronic cigarette is a handheld battery-powered vaporizer that simulates smoking, but without tobacco combustion. E-cigarette components include a mouthpiece, a cartridge, a heating element/atomizer, a microprocessor, a battery, and some of them have an LED light on the end. An atomizer consists of a small heating element, or coil, that vaporizes e-liquid and a wicking material that draws liquid onto the coil. When the user inhales a flow sensor activates the heating element that atomizes the liquid solution; most devices are manually activated by a push-button. The e-liquid reaches a temperature of roughly 100–250 °C (212–482 °F) within a chamber to create an aerosolized vapor. The user inhales an aerosol, which is commonly but inaccurately called vapor, rather than cigarette smoke. Vaping is different from smoking, but there are some similarities, including the hand-to-mouth action of smoking and a vapor that looks like cigarette smoke. The aerosol provides a flavor and feel similar to tobacco smoking. There is a learning curve to use e-cigarettes properly. E-cigarettes are cigarette-shaped, and there are many other variations. E-cigarettes that resemble pens or USB memory sticks are also sold that may be used unobtrusively.
A vape shop is a retail outlet specializing in the selling of electronic cigarette products. There are also online vape shops. A vape shop offers a range of e-cigarette products. The majority of vape shops do not sell e-cigarette products that are from "Big Tobacco" companies. In 2013, online search engine searches on vape shops surpassed searches on e-cigarettes. Around a third of all sales of e-cigarette products take place in vape shops. Big Tobacco believes the independent e-cigarette market is a threat to their interests.
Juul Labs, Inc. is an American electronic cigarette company that spun off from Pax Labs in 2017. Juul Labs makes the Juul electronic cigarette, which atomizes nicotine salts derived from tobacco supplied by one-time use cartridges.
A heated tobacco product (HTP) is a tobacco product that heats the tobacco at a lower temperature than conventional cigarettes. These products contain nicotine, which is a highly addictive chemical. The heat generates an aerosol or smoke to be inhaled from the tobacco, which contains nicotine and other chemicals. HTPs may also contain additives not found in tobacco, including flavoring chemicals. HTPs generally heat tobacco to temperatures under 600 °C (1100 °F), a lower temperature than conventional cigarettes. HTPs use embedded or external heat sources, heated sealed chambers, or product-specific customized cigarettes. Whereas e-cigarettes are electronic devices that vaporize a liquid containing nicotine, HTPs usually use tobacco in leaf or some other solid form, although there are some hybrid products that can use both solid tobacco and e-liquids. There are various types of HTPs. The two most common designs are those that use an electric battery to heat tobacco leaf and those that use a carbon ember that is lit and then heats the tobacco. There are similar devices that heat cannabis instead of tobacco.
The usage of electronic cigarettes has risen rapidly since their introduction to the market in 2002. The global number of adult e-cigarettes users rose from about 7 million in 2011 to between 68 million and 82 million in 2021. Awareness and use of e-cigarettes greatly increased over the few years leading up to 2014, particularly among young people and women in some parts of the world. Since their introduction vaping has increased in the majority of high-income countries. E-cigarette use in the US and Europe is higher than in other countries, except for China which has the greatest number of e-cigarette users. Growth in the UK as of January 2018 had reportedly slowed since 2013. The growing frequency of e-cigarette use may be due to heavy promotion in youth-driven media channels, their low cost, and the belief that e-cigarettes are safer than traditional cigarettes, according to a 2016 review. E-cigarette use may also be increasing due to the consensus among several scientific organizations that e-cigarettes are safer compared to combustible tobacco products. E-cigarette use also appears to be increasing at the same time as a rapid decrease in cigarette use in many countries, suggesting that e-cigarettes may be displacing traditional cigarettes.
Electronic cigarettes are marketed to smoking and non-smoking men, women, and children as being safer than cigarettes. E-cigarette businesses have considerably accelerated their marketing spending. All of the large tobacco businesses are engaging in the marketing of e-cigarettes. For the majority of the large tobacco businesses these products are quickly becoming a substantial part of the total advertising spending. E-cigarette businesses have a vested interest in maximizing the number of long-term product users. The entrance of traditional transnational tobacco businesses in the marketing of such products is a serious threat to restricting tobacco use. E-cigarette businesses have been using intensive marketing strategies like those used to publicize traditional cigarettes in the 1950s and 1960s. While advertising of tobacco products is banned in most countries, television and radio e-cigarette advertising in several countries may be indirectly encouraging traditional cigarette use.
Nicotine pouches are white pouches containing nicotine among other ingredients. They do not include tobacco leaf, dust, or stem. The nicotine may either be derived from tobacco plants or may be synthetic. Nicotine pouches are described as either similar to or a tobacco-free version of snus.
The Smokefree Environments and Regulated Products Amendment Act 2022 is an Act of Parliament in the New Zealand Parliament that seeks to combat smoking by limiting the number of retailers allowed to sell smoked tobacco products; ban the sale of smoked tobacco products to anyone born on or after 1 January 2009; and to discourage the consumption of smoked tobacco products. The bill passed its third reading on 13 December 2022 and received royal assent on 16 December 2022.