G/TBT/N/PHL/219  
 
11 June 2019  
(19-3998) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  PHILIPPINES   
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:  Department of Health - Food and Drug Administration  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Engr. ANA TRINIDAD F. RIVERA, MSc.  
Director IV  
Center for Cosmetics Regulation and Rese arch Food and Drug Administration (CCRR)  
Civic Drive, Filinvest Corporate City,  
Alabang 1781, Muntinlupa City  
Tel. No.: +632.857.1900 loc. 8113 or 8107  
Email: infor@fda.gov.ph ; ccrr@fda.gov.ph ; mcdledesma@fda.gov.ph  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Electronic 
Nicotine and Non -Nicotine Delivery System (ENDS/ENNDS)  
5. Title, number of pages and language(s) of the notified document:  Administrative 
Order No. ___ : "Revised Rules and Regulations on Electronic Nicotine and Non - Nicotine 
Delivery System (ENDS/ENNDS)" (9 page(s), in English)  
6. Description of content:  E-cigarettes, including both Electronic Nicotine and Non -
nicotine Delivery Systems (ENDS/ENNDS), are used to deliver aerosolized solutio ns to 
the lungs, which is similar to the act of smoking. At present, the industry is commonly 
marketing ENDS/ENNDS as a “safer” or “less harmful” alternative to conventional tobacco 
products despite the significant level of uncertainty surrounding its safe ty. The available 
studies are not enough to clearly and unequivocally conclude that the long -term use of 
ENDS/ENNDS will not have any harmful effect to human health. There may still be undue 
harm to health that may be brought about by the use of these prod ucts thus, 
precautionary measures such as regulation by a competent authority is necessary for the 
protection of public health. Thus, the DOH recognizes the exigency to strengthen its policy 
for the effective regulation of ENDS/ENNDS products.  
7. Objectiv e and rationale, including the nature of urgent problems where 
applicable:  To provide an update on FDA's regulation on ENDS/ ENNDS.; Protection of 
human health or safety  
8. Relevant documents:   
• Executive Order No. 102  G/TBT/N/PHL/219  
 
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  • Republic Act No. (RA) 9711  
• Administrative Order (A.O.) 2014 -0008 
• Administrative Order 2016 -0003 
• Administrative Order No. 311 s. 1977  
• Republic Act 7394 s. 1992  
• A.O. 2014 -0008 
9. Proposed date of adoption:  This Order shall take effect 15 days after its publication in 
a national newspaper of general circulation.  
Proposed date of entry into force:  This Order shall take effect 15 days after its 
publication in a national newspaper of general circulation.  
10. Final date for comments:  60 days from notification  
11. Texts available from:  National enquiry point [X] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
Engr. ANA TRINIDAD F. RIVERA, MSc.  
Director IV  
Center for Cosmetics Regulation and Research Food and Drug Administration (CCRR)  
Civic Drive, Filinvest Corporate City,  
Alabang 1781, Muntinlupa City  
Tel. No.: +632.857.1900 loc. 8113 or 8107  
Email: infor@fda.gov.ph ; ccrr@fda.gov.ph ; mcdledesma@fda.gov.ph  
https://members.wto.org/crnattachments/2019/TBT/PHL/19_3382_00_e.pdf