Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

18" Congress
First Regular Session

Office of the Minority Floor Leader

HOUSE BILL No. _ 583°

BY REP. BIENVENIDO “BENNY” M. ABANTE, JR.
AND THE MINORITY BLOC

EXPLANATORY NOTE

If vaping is not declared illegal, or at the very least regulated and
studied, today’s youth and succeeding generations will serve as guinea
pigs for vaping. And this representation would be remiss in his duty if
nothing is done about it.

As Dr. Robert Proctor, a historian of Standford University, a
prestigious US educational institution detailed the history of discovery of
Cigarette-lung cancer link, the evidentiary traditions, corporate denial and
global toll of cigarette smoking, this representation cannot help but connect
a similar pattern with vaping, albeit on a more accelerated pace.'

Mechanisation and mass marketing towards the end of the 19 century
popularized cigarette habit. But it was only recognized as the cause of the
epidemic of global lung cancer only in the 1940s and 1950s. Cigarettes causes
about 1.5 million deaths from lung cancer per year and that number will rise
by nearly 2 million per year by 2020 and thereafter.’ E-cigarette was invented
in 2003 by Chinese smoker and pharmacist Hon Lik in 2003, and yet in a

* The history of the discovery of the cigarette—lung cancer link: evidentiary traditions, corporate denial, global toll
By Dr Robert N Proctor, History Department, Stanford University, Stanford, California 94305, USA.
2 bid,

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recent update on vaping-related illness, the US Centers for Disease Control
and Prevention stated that 1,888 confirmed and probable cases have been
reported in 49 US states, An Illinois report brings the toll to 38 deaths in 24
states.

And the strangest coincidence of pattern that vaping is following is the
historical path that cigarette-smoking went thru. Global information related
to vaping does not have any clinical study to cite what it may cause to the
human body and yet it is certain that there is a causal link between a whole
set of illness and vaping as the US Center for Disease Control and Prevention

suggest.

But what makes this a “clear and present danger” at an unprecedented
accelerated pace is, unlike the medium of advertisement for cigarettes, vaping
is being peddled not only thru regular stores but in the intemet as well,
affording a medium like we have never seen before, reaching even our youth
without censure or warning, In the US House of Representative Bill No. 293
on Youth Vaping Prevent Act of 2019, the Congress recognized that youth
use of electronic cigarettes and hookah (waterpipe) has tripled among high
school students from 4.5% in 2013 to 13.4% in 2014. Approximately 2 million
US high school student currently use these products.’ We have yet to see
statistical data for the Philippines, but this product is globally available and
has already reach Philippine shores.

DOH Secretary Francisco T. Duque was quoted as saying that “while
there is a lack of conclusive data regarding the long-term effects of using e-
cigarettes (or vaping), its health risks cannot be set aside. The precautionary
principle recommends that, until conclusive data regarding their safety have
been established, regulatory measures should be aim at reducing exposure to
these products.”

This representation agrees with the observation of the DOH Secretary,
but in a more alarming view. This product was only invented in 2003 and yet,
in the first of future victims of this product, a 16-year old gitl from Central
Visayas contracted lung injury from four months use of e-cigarette or vaping
which the US Center for Disease Control and Prevention designated as e-
cigarette, or vaping, product use-associated lung injury (or “Ewali”)2

Until then that we have already conducted a study on vaping’s long-
term effects, it should be STRICTLY regulated in general and the youth be

ping illnesses rise to 1,888 with pace picking up again (Inquires. Net. Associated Press/6:30am, 1 November
2019),

4Text - H.R293 - 116th Congress (2019-2020): Youth Vaping Prevention Act of 2019 | Congressgov | Library of
Congress.

5 hups:/ /newsinfo inquirer.net/1190507 /doh-cites-1st-ph-case-of-vape-telated-injury


PROHIBITED from using the same, lest we have another form of product
like the cigarette that wreaked havoc from generation to generation, for a lack
of understanding of its harmful effects on a long term basis. Accordingly, the
immediate approval of this bill is sincerely requested.

_BIENVENIDO “BENNY” M. ABANTE, JR.

Minority Leader


EIGHTEENTH CONGRESS

CONGRESS OF THE PHILIPPINES }

First Regular Session

HOUSE OF REPRESENTATIVES

HLB. No. 5630

BY REP. BIENVENIDO “BENNY” M. ABANTE, JR.
AND THE MINORITY BLOC

AN ACT TO PREVENT AND REDUCE THE USE OF

ELECTRONIC CIGARETTES OR VAPING, AND FOR OTHER PURPOSES.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title This Act shall be known and cited as “The Vaping Prevention Act

of 2019.”

SECTION 2. State Policy. ~ The State shall protect and promote the right to health of the
people and instill health consciousness among them. It is declared as a policy that the State
shall establish and maintain an effective health product regulatory system based on the
country’s health needs and problems. The State must enhance its regulatory capacity and
strengthen its capacity for the regulation of health products and its industry, including its
use and distribution.

SECTION 3. Definition of Terms. ~

a.

Drugs means: (1) articles recognized in official pharmacopeias and formularies,
including official homeopathic pharmacopeias, or any documentary
supplement to any of them, which are recognized and adopted by the FDA;
(2) articles intended for use in the diagnosis, cure, mitigation, treatment, or
prevention of disease in man or other animals; (3) articles (other than food)
intended to affect the structure of any function of the body of humans or
animals; or (4) articles intended for use as a component of any articles specified
in clauses (1), (2), oF (3) but do not include devices or their components, parts
or accessories.

Electronic Cigarette (or “e-cigarette”) shall mean any electronic device or
substitutes that delivers nicotine, flavor, or other substance via an aerosolized
solution (including an electronic cigarette, cigar, pipe, or hookak) to the user
inhaling from the device. This includes both electronic nicotine delivery
systems (ENDS) and electronic non-nicotine delivery systems (ENNDS) and
their components, whether sold separately or together.


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Electronic-Liquid (or “eliquid”) are non-tobacco articles, including
substitutes, which may or may not contain nicotine, designed to be used in
conjunction with vaporizers for inhalation.

Minimum Allowable Age shall refer to 25 years of age.

Vaporizer is an electronic device or substitute paraphernalia that is used to heat
and aerosolize/vaporize non-tobacco-containing e-liquids or refills for
inhalation. The device is used in a manner similar to conventional cigarettes.

SECTION 3. In General. — The sale, distribution, manufacture, importation and exportation,
or use of electronic Cigarette (or “e-cigarette”), and electronic-Liquid (or “‘e-liquid”) or
substitutes thereto, are hereby prohibited. Unless herein provided or under existing laws,
the sale, distribution, manufacture, importation and exportation, or use of these products
are considered unlawful and subject to a penalties and fines provided under this Act.

SECTION 4. Guiding Principles. —

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SECTION

Precautionary Principle. With insufficient scientific evidences on the safety
profile of innovative products such as e-cigarettes and other delivery devices
under the profile, the Department of Health (DOH) shall take precautionary
measures to ensure the protection of the right to health of the public. In this
regard, e-cigarettes and other products under the same line shall be classified as
a health product and shall be regulated accordingly.

Absolute Prohibition. The minimum allowable age for the purchase and sale of
e-cigarettes is 25 years of age to protect the youth from initiating nicotine
consumption and being subjected to unnecessary risks resulting from nicotine
addiction.

Protection of Vulnerable Populations. E-cigarettes have a wide variety of flavors
that are used to increase not only the palatability of these products but an
advertisement per se proven to become very popular amongst the youth. To
minimize the appeal of such products to the youth, there shall be no flavors for
e-liquids and refills, unless approved otherwise provided under this Act.
Restriction on Use. Following the precautionary principle, exposure of the rest
of the population to the emissions of e-cigarettes should be minimized, if not
completely avoided, due to the limited scientific data on the effects of e-cigarette
emissions to human health. In this regard, the use of e-cigarettes is hereby
prohibited and banned in enclosed public places and public conveyances,
whether stationary or in motion, except in designated areas, as maybe provided
by law.

5. Absolute Prohibition. —‘The minimum allowable age for the purchase and sale of

e-cigarette, e-liquid or substitutes thereto, is 25 years of age. For this purpose, the following
acts are considered unlawful and subject to the corresponding penalties hereof:

a.

‘A person aged less than 25 years of age found using e-cigarette, e-liquid or
substitutes thereto, or in possession thereof, shall be subject to a fine of One
‘Thousand Pesos (P1,000.00) per infraction and the confiscation of the e-
cigarette, e-liquid or substitutes in his possession.

A person who sells e-cigarette, ¢-liquid or substitutes to a person aged less than
25 years of age shall be subject to a fine of Five Thousand Pesos (P5,000.00)
per violation and the confiscation of the e-cigarette, e-liquid or substitutes
thereto. On the fifth violation, any license issued in his favor by the appropriate
agency designated under this Act shall be considered cancelled and revoked. If
the offender is a juridical entity, in addition to the penalties provided under this


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provision to the employee who committed the act, the owner of the
establishment shall be subject to a fine of Two Hundred Fifty Thousand Pesos
(250,000.00) per violation.

SECTION 6. Sale, Distribution, Importation ¢> Exportation, — The sale, distribution,
manufacture, importation and exportation, or use of e-cigarette, e-liquid or substitutes
thereto, shall be regulated by the DOH. For this purpose, the DOH shall issue
implementing rules and regulations regulating the same.

SECTION 7. Prohibition on Sale, Distribution, Importation & Exportation On-Line. ~ Unless there
is a mechanism for age verification, the sale, distribution, manufacture, importation and
exportation, or use of e-cigarette, e-liquid or substitutes thereto, is hereby prohibited. For
this purpose, the DOH, in consultation with the Department of Information,
Communication & Technology (DICT), shall issue implementing rules and regulations
regulating the same.

SECTION 8. Prohibition on Sale, Distribution on Vending Machines and Self Service Facilities. ~
Unless there is a mechanism for age verification, the sale, distribution, manufacture,
importation and exportation, or use of e-cigarette, e-liquid or substitutes thereto, is hereby
prohibited. For this purpose, the DOH, in consultation with the Department of
Information, Communication & Technology (DICT), shall issue implementing rules and
regulations regulating the same.

SECTION 9. Retailer Compliance with Respect Self Service Facilities. Each retailer shall ensure
that all e-cigarette, e-liquid or substitutes thereto, sold under Sections 6-8 of this Act shall
be properly labelled.

SECTION 10. Ban on Use in Public Places. ~The use of e-cigarette shall be absolutely
prohibited in the following public places:

a. Centers of youth activity such as playschools, preparatory schools, elementary
schools, high schools, colleges and universities, youth hostels and recreational
facilities for persons under eighteen (18) years old.

b. Elevators and stairwells.

cc. Locations in which fire hazards are present, including gas stations and storage
areas for flammable liquids, gas, explosives or combustible materials.

d. Within the buildings and premises of public and private hospitals, medical,
dental, and optical clinics, health centers, nursing homes, dispensaries and
laboratories.

¢. Public conveyances and public facilities including airport and ship terminals
and train and bus stations, restaurants and conference halls, except for separate
smoking areas.

£ Food preparation areas.

Any places which, at the discretion of the Secretary of DOH, may expose the
rest of the population, particularly the youth, to unnecessary emissions of e-
cigarettes.

SECTION 11. Designated Areas. ~In all enclosed places that are open to the general public,
private workplaces and other places not covered under the preceding section, where the
use of e-cigarette may expose a person other than the person using the same, the owner,
proprietor, operator, possessor, manager or administrator of such places shall establish a
designated area for its use. Such areas may include a designated area within the building,


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which may be in an open space or separate area with proper ventilation, but shall not be
located within the same room that has been designated as a non-designated area.

If a designated area has already been provided which is compliant under Rep. Act No.
9211, it shall be considered compliance with the provision of this Act: Provided, that a
signage shall be altered to include the use of e-cigarette.

SECTION 12. Sales or Distribution to Minor. — Under this Act, it shall be unlawful:

a. For any retailer to sell or distribute e-cigarette, e-liquid or substitutes thereto,
to a minor.

b. For any person to purchase e-cigarette, e-liquid or substitutes thereto, from a
minor.

c. Fora minor to sell or buy e-cigarette, e-liquid or substitutes thereto.

d. For a minor to use e-cigarette, e-liquid or substitutes thereto, or be in
possession thereof.

It shall not be a defense for the person selling or distributing that he/she did not know or
‘was not aware of the real age of the minor. Neither shall it be a defense that he/she did
not know nor had any reason to believe that the e-cigarette, e-liquid or substitutes thereto
was for the consumption of the minor to whom it was sold.

A violation of this provision shall be subject to double the penalties provided under
Section 5 of this Act.

SECTION 13. Sales within School Perimeters. ~ The sale or distribution of e-cigarette, e-liquid
or substitutes thereto, is prohibited within one hundred (100) meters from any point of
the perimeter of a school, public playground or other facility frequented particularly by

minors.

SECTION 14, Signage. — Point-of-Sale establishments offering, distributing or selling e-
cigarette, e-liquid or substitutes to consumers, shall post the following statement in a clear
and conspicuous manner: “SALE/DISTRIBUTION TO OR PURCHASE BY MINORS
AND THOSE BELOW 25 YEARS OF AGE OF E-CIGARETTE, E-LIQUID OR
SUBSTITUTES IS UNLAWFUL? or “IT IS UNLAWFUL FOR E-CIGARETTE, E-
LIQUID OR SUBSTITUTES TO BE SOLD/DISTRIBUTED TO OR PURCHASED
BY MINORS AND PERSONS UNDER 25 YEARS OF AGE.”

SECTION 15. Proof of Age Verification. — In case of doubt as to the age of the buyer, retailers
shall verify, by means of any valid form of photographic identification containing the date
of birth of the bearer, that no individual purchasing e-cigarette, e-liquid or substitutes
thereto, is below twenty-five (25) years of age.

SECTION 16. Ban on Advertisement ¢» Promotions. - Upon the effectivity of this Act, all forms
of advertisement and promotions on e-cigarette shall be prohibited, except inside the
premises of point-of-sale retail establishments, except inside the premises of point-of-sale
retail establishments selling or distributing e-cigarette, e-liquid or substitutes thereto.
Sponsorships of e-cigarette are also prohibited.

SECTION 17. Naming Rights. — Subject to the provisions of this Act:
a. No manufacturer may enter into any agreement pursuant to which payment is
made or other consideration is provided by such manufacturer to any sports

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league, or any team involved in any such league, in exchange for use of a e-
cigarette, e-liquid or substitutes brand.

b. No manufacturer may enter into any agreement for the naming rights of any
stadium or arena using a e-cigarette, e-liquid or substitutes brand name or
otherwise cause a stadium or arena to be named with such a brand name.

SECTION 18. Ban on Sponsorships. — E-cigarette companies are hereby prohibited from
sponsoring any sport, concert, cultural or art event, as well as individual and team athletes,
artists or performers where such sponsorship shall require or involve the advertisement or
promotion of any e-cigarette company, e-cigarette, e-liquid or substitutes use, name, logo
or trademarks and other words, symbols, designs, colors or other depictions commonly
associated with ot likely to identify e-cigarette.

SECTION 19. Restrictions on Sampling. ~The distribution of samples of e-cigarette, e-liquid or
substitutes to persons below twenty-five (25) years old is prohibited.

SECTION 20. Legal Actions. — Any legal action in connection with the e-cigarette industry
shall be governed by the provisions of the Philippine Civil Code and other applicable laws.

SECTION 21. Implementing Agency. - The Department of Health (DOH) shall have the
exclusive power and function to administer and implement the provisions of this Act.

SECTION 22. Application. — The provisions of this Act shall apply to all e-cigarette, e-liquid
or substitutes placed into commerce in the Philippines. Except as provided below, no
provision of this Act shall apply to e-cigarette, e-liquid or substitutes intended or offered
by the manufacturer for export and not for retail sale in the Philippines.

E-cigarette, e-liquid or substitutes intended or offered for export shall be subject only to
the requirement that the shipping container shall be prominently marked on the outside
“Export Only:” Provided, That, e-cigarette, e-liquid or substitutes which are marked for
export, but are sold/traded or distributed in the Philippine market, shall be subject to
immediate confiscation and destruction.

SECTION 23. Compliance Monitoring, ~ Not later than one (1) year after the date of the
effectivity of this Act, and annually thereafter, the DOH shall submit to the President of
the Philippines and to both Houses of Congress a Compliance Monitoring Report on the
compliance of the manufacturers on all applicable laws and ordinances with respect to the
manufacture and distribution of e-cigarette, e-liquid or substitutes.

‘The report shall contain pertinent information on the methods, goals and implementation
program of said manufacturers with respect to the requirements of this Act.

SECTION 24. Penalties, - Except when a specific penalty is provided under this Act, a
violation of any of the provisions of this Act, including rules and regulations duly issued
by the DOH shall be subject to a fine of Five Thousand Pesos (P5,000.00) per violation.
On the fifth violation, a fine of not more than One hundred thousand pesos (100,000.00)
or imprisonment of not more than one (1) year, or both, at the discretion of the court shall
be imposed.

Any license issued in his favor by the appropriate agency designated under this Act shall
be considered cancelled and revoked, including the confiscation of any e-cigarette, e-liquid


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or substitutes in his possession ot carried as inventory. If the offender is a juridical entity,
in addition to the penalties provided under this provision to the employee who committed
the act, the owner of the establishment shall be subject to a fine of Two Hundred Fifty
Thousand Pesos (P250,000.00) per violation. In the case of a business entity or
establishment, the owner, president, manager or officials thereof shall be liable.

Except in the case of use under Section 5 of this Act, if the offender is a minor, the
provisions of Article 189 of Presidential Decree No. 603 otherwise known as The Child
and Youth Welfare Code, as amended, shall apply.

If the guilty officer is an alien, he shall summarily be deported after serving his sentence,
and shall be forever barred from re-entering the Philippines.

SECTION 25. Information Drive. ~ Consistent with the provisions of this Act, the DOH shall,
in cooperation with the DepEd and with the assistance of the Philippine Information
Agency (PIA), undertake a continuous information program on the effects of e-cigarette,
e-liquid or substitutes.

‘The DOH shall enlist the active participation of the public and private sectors in the
national effort to discourage the habit of e-cigarettes.

SECTION 26. Congressional Oversight Committe. ~ A Congressional Oversight Committee
(COO) is hereby constituted which is mandated to monitor and review the implementation
of this Act for a period not exceeding three (3) years. The COC shall be composed of the
Chairpersons of the Senate Committees on Health, Trade and Commerce, and Public
Information and the House of Representatives Committees on Trade and Industry, Health
and Public Information and a Member of the House of Representatives appointed by the
Speaker.

‘The Secretariat of the COC shall be drawn from the existing secretariat personnel of the
standing committees comprising the Congressional Oversight Committee and its funding
requirements shall be charged against the appropriations of both the House of
Representatives and the Senate of the Philippines.

SECTION 27. Implementing Rules. ~ The DOH shall promulgate such rules and regulations
necessary for the effective implementation of this Act within six (6) months from the date
of publication of this Act. The said rules and regulations shall be submitted to the COC
for its review. The COC shall approve the implementing rules and regulations within thirty
(30) working days of receipt thereof: Provided, That in the event the implementing rules
and regulations are not promulgated within the specified period, the specific provisions of
this Act shall immediately be executory.

SECTION 28. Appropriations. “The amount necessary to implement the provisions of this
Act shall be charged against the current year’s appropriations of the concerned national
government agencies. Thereafter, such funds as may be necessary for the continued
implementation of this Act shall be included in the budgets of the concerned national
government agencies under the annual General Appropriations Act.

SECTION 29. Repealing Clause. — All other laws, decrees, ordinances, administrative orders,
rules and regulations, or any part thereof, which are inconsistent with this Act are repealed
or amended accordingly.


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SECTION 30. Separability Clause. — Should any provision of this Act be subsequently declared
unconstitutional, the other provisions not so declared shall remain in full force and effect.

SECTION 31. Effativity. — This Act shall take effect fifteen (15) days after its publication in
the Official Gazette and at least two (2) newspapers of national circulation.

Approved: Z

BIENVENIDO‘ » M. ABANTE, JR.
Minority Leader