Unregistered, adulterated e-cigarettes, tobacco products banned

EO 106 bans the manufacture, distribution, marketing or sale of unregistered or adulterated e-cigarettes and tobacco products. (Pixabay photo)

MANILA – President Rodrigo Duterte has prohibited the manufacture and sale of unregistered and adulterated electronic cigarettes (e-cigarettes) and tobacco products to protect and advance people’s right to a “balanced and healthful ecology.”

Duterte on February 26 inked Executive Order (EO) 106, which amends EO 26 signed in 2017 that imposes requirements and limitations on the advertising and promotion of tobacco products.

EO 106 bans the manufacture, distribution, marketing or sale of unregistered or adulterated e-cigarettes and tobacco products.

All e-liquids, solutions or refills forming components of electronic nicotine and non-nicotine delivery systems (ENDS/ENNDS), heated tobacco products (HTPs) should be registered with the Food and Drug Administration (FDA).

These devices would also be subject to the product standards imposed by the FDA and the Department of Trade and Industry (DTI).

Other novel tobacco products would also be regulated and are subject to the jurisdiction of the Inter-Agency Committee-Tobacco, in accordance with Republic Act 9211 or the Tobacco Regulation Act of 2003.

“All establishments engaged in the manufacture, distribution, importation, marketing, and sale of ENDS/ENDDS, HTPs, or their components shall secure a License to Operate from the FDA,” EO 106 read.

The FDA and the DTI are directed to coordinate with the Bureau of Customs in the formulation of the guidelines, requirements, and procedures for the regulation of the entry and importation of e-cigarettes and tobacco products into the Philippine market.

Thirty days after EO 106 takes effect, the FDA, in consultation with relevant agencies and stakeholders, is mandated to formulate and issue the rules, regulations, and standards governing the registration of e-cigarettes and tobacco products.

Duterte issued the fresh order, as he acknowledged that the use of ENDS/ENNDS, HTPs, and other novel tobacco products as a shift from conventional lighted tobacco products has proliferated in the country.

The order, citing the Department of Health’s (DOH) assessment, said that firsthand and secondhand smokers are at risk of “respiratory illness, cardiovascular diseases, addiction, cancer, neurodegeneration, brain development retardation, anxiety, and sexual and reproductive dysfunctions, among other health conditions.”

“There is a need to regulate access to and use of ENDS/ENNDS, HTPs, and other novel tobacco products, to address the serious and irreversible threat to public health, prevent the initiation of non-smokers and the youth, and minimize health risks to both users and other parties exposed to emissions,” the EO read.

EO 106 also expands the coverage of and prohibited acts cited under EO 26.

The new EO directs that there should also be a designated area for puffers of either vaping devices or traditional cigarettes.

It also notes that there should be a ventilated area between the door of designated smoking or vaping area (DSVA).

Under EO 106, it is considered unlawful to smoke and vape within enclosed public spaces, whether stationary or in motion, except in DSVAs fully compliant with the requirements of the order.

It is also prohibited for persons-in-charge to “allow, abet or tolerate smoking or vaping in places.”

The use, sale or purchase of e-cigarettes and tobacco products by a person below 21 years is not allowed, according to the EO.

EO 106 also tasks persons-in-charge to post and display the “No Smoking or Vaping” signage in locations most visible to the public in the areas where smoking or vaping is prohibited.

“At the very least, the ‘No Smoking or Vaping’ signage must be posted at the entrance to the area, which shall be at least 8×11 inches in size, where the symbol shall occupy 60 percent of the signage, while the remaining 40 percent of the signage shall show the pertinent information or precautionary statement,” it said.

A “clear and conspicuous” statement which bars the sale, advertisement, and promotion of e-cigarettes and tobacco products should also be displayed in schools, public playgrounds, youth hostels, and recreational facilities for minors.

The EO also enjoins local government units to develop, promote and implement their respective Local Smoking Cessation Program, as well as to encourage the participation of public and private facilities.

“Such programs should include the implementation of the provisions of this Order regarding ENDS/ENNDS, HTPs and other novel tobacco products. Smokers or vapers who are willing to quit and/or those found violating this Order may be referred to the said Program and its facilities,” EO 106 said.

All cities and municipalities are also encouraged to form a local smoke or vape-free task force to help implement EO 106.

EO 106, which was released by the Palace just on Friday, takes effect 15 days after its publication in a newspaper of general circulation.