Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

5099

House Bill No.

Introduced by Representative Sharon S. Garin

EXPLANATORY NOTE

Every six seconds, somewhere around the globe, a person dies from a smoking-
related disease. Similarly, in the Philippines, 10 lives are lost every hour due to
complications attributed to smoking. This has led the World Health Organization (WHO)
to identify tobacco use as "a major preventable cause of premature death and disease.”
‘Should the trend continue to rise, the number of deaths is seen to increase to a billion
by the end of the century

Despite the grim forecast on tobacco-related mortality, measures are being
enforced to prevent it from worsening. Aside from the enactment of the Sin Tax Reform
Law, safer alternatives to tobacco are currently being introduced in the Philippines. In
addition to this, the concept of ‘harm reduction’ has gained support from Filipino
advocates over the years. Harm reduction refers to policies, regulations, and actions
focused on reducing health risks, usually by providing safer forms of hazardous
products. Proponents of harm reduction argue that people smoke for the nicotine but die
from the tar and gases.

To address this epidemic, the harm reduction movement has pushed for the use
of safer nicotine products (SNP) such as Electronic Nicotine Delivery
Systems/Electronic Non-Nicotine Delivery Systems (ENDS/ENNDS), Heat-Not-Burn
(HNB) devices, and electronic cigarettes (e-cigarettes) that presents less risk in nicotine

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consumption compared to the traditional, highly toxic combustion of cigarettes. E-
cigarettes, as declared by the health group Knowledge-Action-Change, are estimated to
be 95% safer than smoking cigarettes.

However, this representation maintains that while there is a need to introduce
safer alternatives to smoking tobacco, it must also be regulated to protect all the
Stakeholders involved. Aside from the rising public health concerns, regulation is
imperative to balance factors such as revenue generation; trade and commerce; job
creation; the protection of minors and non-smokers; public safety against sub-standard/
malfunctioning products; the interest of tobacco farmers; and the interests of the
industry.

In light with the aforementioned details, this bill aims to create a regulatory
framework for ENDS, ENNDS and HTPs that takes into consideration and balances the

interests of the general public, along with the stakeholders most interested in their use
and sale.

The bill highlights the proposed product standards, assessment parameters and
product registration rules prior to market placement. It also includes provisions on
adequate warnings and packaging specifications as applicable. As to use, this Bill
Proposes specific places where public ENDS, ENNDS and HTP use may not be
allowed.

In view of the foregoing, the urgent passage of this measure is earnestly sought.

S. GARIN
Party-jiS{/AAMBIS-OWA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 5099

Introduced by Representative Sharon S. Garin

AN ACT REGULATING THE TRADE OF ELECTRONIC NICOTINE AND NON-
NICOTINE DELIVERY SYSTEMS (ENDS/ ENNDS) AND HEATED TOBACCO
PRODUCTS (HTPs), PARTICULARLY, THE MANUFACTURING, USE, SALE,
PACKAGING, DISTRIBUTION, AND COMMUNICATIONS THEREOF 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 as the “Electronic Nicotine Delivery
System, Electronic Non-Nicotine Delivery System (‘ENDS/ENNDS”) and Heated
Tobacco Products ("HTPs") Regulation Act of 2019.”

SEC. 2. Declaration of Policy. — \t is hereby declared the policy of the State to protect
and promote the right to health of the people and to instill health consciousness among
them.

It is further declared the policy of the State to promote harm reduction measures,
particularly in the fight against smoking, as a public health strategy by ensuring that
non-combustible alternatives to combustible cigarettes are properly regulated and
readily made available to smokers who cannot quit smoking


It is also the declared the policy of the State to protect the interests of the consumers
and implement measures on the provision of information and education to facilitate
sound choice and the proper exercise of rights by the consumer.

SEC. 3. Definition of Terms. As used in this Act, the following terms shall mean —

(a) Combustion — means the act or process of burning or igniting a cigarette or
any article, usually for the purpose of causing the components of the said
article to
smolder or produce smoke for oral inhalation.

(b) Combustible Cigarette Product — means any article, with or without
tobacco, which has any of its contents or components meant to be burned or
ignited in order to produce smoke, for purposes of oral inhalation.

(c) E-commerce - means the activity of buying and selling products by
electronic means, such as but not limited to mobile applications and the
Internet. It refers to both online retail as well as other electronic transactions.

(d) E-liquid — means a solution, blend or gel, which may or may not contain
nicotine, designed to be used in conjunction with an electronic delivery device
to be heated and inhaled

(e) Electronic Nicotine and Non-Nicotine Delivery System — means any liquid
solution or gel, with or without tobacco, that may or may not generate a
nicotine-containing aerosol, without combustion, through the employment of a
mechanical heating element, battery or circuit that can be used to heat such
solution or gel, and includes but is not limited to a cartridge, a tank, and the
device without a cartridge or tank. It is commonly known as “e-liquids” for
“vapes.” It also includes combinations of non-tobacco containing e-liquids or
refills which contain up to sixty-five milligrams per milliliter (65mg/ml) of


nicotine in the e-liquid or refill and an electronic delivery device to produce an
aerosol, mist or vapor that adult users inhale by mimicking the act of smoking.

ENDS/ENNDS shall include nicotine salt/salt nicotine, and conventional
“freebase” nicotine, and other similar products as may be determined by the
Inter Agency Committee on ENDS/ ENNDS.

(f) “Freebase nicotine” means e-liquid substances not falling under the
definition of “salt nicotine” or “nicotine salt.”

(9) Harmful and Potentially Harmful Constituents (HPHCs) — shall refer to
chemical substances that pose potential health risks such as those identified
by the World Health Organization, the United States Food and Drugs
Administration, and Health Canada.

(h) Heated Tobacco Products - refer to tobacco products that may be
consumed through heating tobacco, either electrically or through other means
sufficiently to release an aerosol that can be inhaled

(a) “Ingredient” shall refer to any substance that is added to the tobacco or nicotine
mixture and present in the finished product.

(i) “Nicotine mixture” means the nicotine-containing e-liquid, solid or other
non-tobacco substance in the product.

() “Nicotine salt” or “Salt Nicotine” means e-liquid substances compatible for
use with low-wattage devices, with a lower alkalinity due to the addition of
substances such as benzoic acid, or other similar substances.

(k) “Package” shall refer to packs, boxes, cartons or containers of any kind in
which any ENDS/ENNDS/HTPs device and e-liquids and refills are provided
in and offered for sale to consumers.


(l) “Reduced exposure claim” means a statement in the Principal display
surface of a product label that the product or its vapor contains a reduced
level of, or are free of HPHCs.

(m) “Reduced risk claim” means a a statement in the Principal display surface
of a which represents explicitly or implicitly that the product presents a lower
risk or is less harmful than combustible smoking.

(n) “Nicotine Receptacle” shall refer to a pod, holder, vessel, bottles, boxes,
cartons, or containers of any kind in which a nicotine-containing solution or
non-burning tobacco or products that can be used for the consumption of a
nicotine-containing vapors or Nicotine Mixtures or any related product is
Offered for sale to consumers for use with a Vaporized Nicotine Product
system. “Point-of-sale” shall refer to any location, including e-commerce, at
which an individual can purchase or otherwise obtain ENDS, ENNDS and
HTPs devices and/or and/or e-liquids and/or refills

(©) “Principal display surface” shall refer to the panel of the secondary
packaging of the nicotine receptacle that faces the consumer when displayed
for sale. For HTPs, in the case of a package and carton that has at least two
(2) equal sized sides or surfaces, other than the top and bottom, that may be
displayed or visible under normal or customary conditions of sale or use, the
areas of each of the two (2) largest surfaces;

(p) “Communications” shall refer to conceptualizing, presenting, making
available and communicating to the public, through any form of mass media,
any fact, data, or information about the attributes, features, use, quality or
availability of consumer products, services, or credit, sales support, after-sales
Support and product support or credit, such as, but not limited to advertising,
Promotion, and sponsorships. For the purpose of this Act, targeted
communications shall be understood as Communications on ENDS, ENNDS
and HTPs.


(q) “Vapor” shall refer to substances that are released when a product is
consumed as intended, including the aerosol generated by ENDS, ENNDS
and HTPs.

SEC. 4. Device Packaging Content. The device packaging of ENDS, ENNDS and
HTPs shall contain the following:

(a) The minimum labelling requirements for consumer products as required by
the Consumer Act of the Philippines; and

(b) A leaflet or insert containing instructions for handling, proper use, and
maintenance. It shall also include warning against improper usage of ENDS,
ENNDS and HTPs products.

SEC. 5. Health Warnings. - The packaging of ENDS, ENNDS and HTPs shall bear
textual health warnings with the following specifications:

(a) The Principal Display Surface of a package, carton, nicotine receptacles, e-
liquid pods and bottles shall carry the following health warning: “This product
contains nicotine which is a highly addictive substance.

(b) The health warning frame shall occupy 20% of the lower part of the principal
display surface of the unit packet and any receptacle. The health warning
shall occupy a total area of not less than fifty percent (50%) of the total
warning frame.

(c) Nothing shall be printed or applied on a location where it is likely to obscure
or cover, in part or in whole, the health warning.

(d) No part of the warning may be destroyed, obscured, folded, severed or
become unreadable when the nicotine receptacle is opened or closed or
when a wrapper on the receptacle is removed.


(€) No other printed warnings, except the textual health warning in Section 5 (a)
shall be placed on ENDS, ENNDS or HTPs packages.

ENDS, ENNDS and HTPs shall not be covered by Republic Act No. 10643 or the
Graphic Health Warnings and its implementing rules and regulations.

SEC. 6. Minimum Age for Sales, Distribution and Purchase. — The following acts
shall be prohibited:

(a) The sale, distribution, or transfer of ENDS, ENNDS or HTPs by any person to
minors, defined as anyone below eighteen (18) years old.

(b) Purchasing, or otherwise receiving ENDS, ENNDS or HTPs from a minor.

(c) The sale, purchase, distribution, transfer, or use of ENDS, ENNDS and HTPs
by minors, or on behalf of a minor.

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 of ENDS, ENNDS and HTPs
were for the consumption of the minor to whom it was sold.

SEC. 7. Point-of-Sale Signage. — Point-of-sale establishments offering, distributing, or
selling ENDS, ENNDS or HTPs shall post the following statement in a clear and
conspicuous manner: “SALE/DISTRIBUTION TO OR PURCHASE BY MINORS OF
ELECTRONIC NICOTINE DELIVERY SYSTEMS, ELECTRONIC NON-NICOTINE
DELIVERY SYSTEMS, OR HEATED TOBACCO PRODUCTS IS UNLAWFUL” or “IT IS
UNLAWFUL FOR ELECTRONIC NICOTINE DELIVERY SYSTEMS, ELECTRONIC
NON-NICOTINE DELIVERY SYSTEMS, AND HEATED TOBACCO PRODUCTS TO
BE SOLD/DISTRIBUTED TO OR PURCHASED BY PERSONS UNDER 18 YEARS OF
AGE.”

SEC. 8. Proof of Age Verification. — Retailers shall ascertain that no individual
purchasing an ENDS, ENNDS or HTPs is below eighteen (18) years of age. In case of

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doubt, retailers shall verify the age of the buyer through any valid identification
document containing the buyer's photograph and age or date of birth.

At all times, retailers shall verify the age of the buyer by requiring the
Presentation of a valid identification card exhibiting the buyer’s photograph and age or
date of birth.

In case of direct Communications conducted through digital media, the internet,
social media or social messaging applications or other similar forms, age-verification
may be conducted by self-declaration by the consumer subject to confirmation by the
seller upon delivery of the product(s) either directly to the consumer's or through the
consumer's authorized agent.

SEC. 9. Online Trade. - The sale or distribution of ENDS, ENNDS or HTPs s through
internet websites or via e-commerce and/or other similar mediums, shall be allowed;
provided that, the seller or distributor shall adopt measures to ensure that access to the
internet website or via e-commerce and/or other similar mediums shall be restricted to
persons eighteen (18) years of age or older and that the internet website shall bear the
signage required under Section 5 of this Act. An internet website or via e-commerce
and/or other similar mediums is deemed restricted if a person cannot obtain access
beyond the first page of the website, unless the person has self-declared or otherwise
established that he or she is at least eighteen (18) years of age.

SEC. 10. Requirements and Restrictions on Communications on Electronic
Nicotine and Non-Nicotine Delivery Systems and Heated Tobacco Products. —
Communications regarding ENDS, ENNDS or HTPs shall be subject to the following
requirements and/or restrictions:

(a) Communication shall be permitted in Points-of-sale or other places where use
of ENDS, ENNDS or HTPs allowed.

(b) Communication shall be allowed in print media; provided that, the publication
is not intended for or directed towards minors, and generally has seventy-five
(75%) adult readership or adult subscriber base.

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(c) Communication shall be allowed in electronic media, such as but not limited
to digital media, telecommunications, internet websites, social media, social
messaging applications and other similar forms to the foregoing; provided that
for Communication conducted through internet websites, the internet website
must be restricted to persons eighteen (18) years of age or older; and
provided, further, that this limitation shall not prevent the use of company
internet websites or social media or social media messaging applications or
other similar applications or medium to provide information regarding a
company, its products and their use, services, sales support, after-sales
support and other product-related information. For avoidance of doubt, an internet
website or electronic media is deemed restricted if a person cannot obtain access
beyond the first page of the website or before actual Communication is made to the
user, unless the person has self-declared or otherwise established that he or she is
at least eighteen (18) years of age in accordance with Section 6 of this Act.

(d) Communication shall not appear in television, radio and billboards. However,
for cinema screenings which restrict and verify the age of its audience to at
least 18 years old, Communications on ENDS, ENNDS or HTPs may be
allowed.

(e) They shall not be aimed at or particularly appeal to persons under eighteen
(18) years of age.

(f) They shall not contain cartoon characters or subject that depict humans or
animals with comically exaggerated features or that attribute human or
unnatural characteristics to animals, plants or other objects.

(g) Communication by adult influencers, key-opinion leaders, experts, celebrities
or other similar individuals shall be allowed but Communication shall only
depict persons who are or who appear to be above twenty-five (25) years of
age.

(h) They shall not show, portray or depict the act of using or puffing ENDS,
ENNDS or HTPs.

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(e) They should not undermine quit-smoking messages and encourage non-
tobacco and Non-nicotine users to use the product.

(f) They do not contain any information or element that is untrue or not
scientifically substantiated, in particular with regard to product characteristics
or health effects.

(g) They shall allow for adult consumers to learn about the availability of ENDS,
ENNDS or HTPs, receive information about how to use them or product
demonstration/information and to receive samples, try them before
purchasing them, subject to proof of age and certification of smoker or usage
Status, and receive pre-sale and after-sales support.

(

All Communications material for receptacles shall contain the health warning:
“This product contains nicotine, which is a highly addictive substance.” The
health warning shall occupy ten percent of the bottom area of the
communication.

(k) Communications on ENDS, ENNDS or HTPs. shall be permitted in print
media provided that, the publication is not intended for or directed towards

minors, and generally has seventy-five (75%) adult readership or adult
subscriber base.

SEC. 11. Public Place Use. — The use of ENDS, ENNDS or HTPs indoors, in places of
worship, hospitals or other healthcare centers, public conveyances (unless in
designated use areas), and educational or recreational facilities exclusively intended for
minors shall be prohibited.

The use of ENDS, ENNDS or HTPs indoors, in all other enclosed places that are
open to the general public, private workplaces, and those places not covered in the
preceding enumeration shall be allowed, provided that the owner, proprietor, operator,
possessor, manager or administrator of such places shall post the following statement
in a clear and conspicuous manner or administrator of such places shall post the
following statement in a clear and conspicuous manner at every ingress point of such
places: “USE OF ELECTRONIC NICOTINE DELIVERY SYSTEMS, ELECTRONIC

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NON-NICOTINE DELIVERY SYSTEMS AND HEATED TOBACCO PRODUCTS IS
ALLOWED INSIDE.”

SEC. 12. Product Standards and Assessment. - ENDS, ENNDS or HTPs must
comply with the following:

(a) ENDS, ENNDS and HTPs shall operate in such a way that no combustion
occurs during the entire process of consumption when used as intended.

(b) All products must be manufactured in accordance with an appropriate quality
management system. The quality management system must ensure batch-
to-batch reproducibility of the products through quality control of both
incoming materials and finished products; and prevention of mix-ups.

(c) The substances listed below may not be added in ENDS, ENNDS or HTPs:

i. Additives that have carcinogenic, mutagenic or reprotoxic properties in
unburnt form;
ii. Vitamins or other additives that create the impression that the product
has a health benefit or presents reduced health risks;
ii. Caffeine, taurine, or other additives and stimulant compounds that are
associated with energy and vitality;
iv. Additives having coloring properties for emissions;
v. Ethylene glycol;
vi. Diethylene glycol;
vii.  Diacetyl; and
viii. 2, 3-pentanedione
(d) Manufacturers of electrical devices intended to be used in combination with
an ENDS, ENNDS and HTPs shall ensure that such devices comply with
applicable electrical safety standards, as determined by the Department of
Trade and Industry (DTI).

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(e) Nicotine salt products shall have a maximum of two milliliter (2 ml) tank with a
maximum of sixty-five milligrams per milliliter (65mg/ml) of nicotine.

(f) Freebase products shall have a maximum of five millliter (5 ml) tank with a
maximum of one hundred milliliters (100ml) refill package, and a maximum of
sixty-five milligrams per mililiter (65 mg/ml) of nicotine

(g) Batteries must comply with applicable industry requirements as defined by
DTI.

SEC. 13. Tamper-proof and Child-proof Designs. — All nicotine receptacles
Containing nicotine mixtures must be child-resistant, tamper-resistant and protected
against breakage and leakage.

SEC. 14. Market Placing. - All Manufacturers, distributors and importers must comply
with the following:

(a) Three (3) months prior to placing an ENDS, ENNDS and HTPs in the market,
all manufacturers and distributors must notify the Department of Trade and
Industry (DTI), together with a submission of information demonstrating
compliance with product standards and assessment requirements.

All_ manufacturers, distributors, and importers shall provide the DTI with
written notice of any modifications, improvements, adjustments, or redesigns
of registered Vaporized Nicotine Products or Nicotine Receptacles prior to

placing such modified, improved, adjusted, or redesigned Vaporized Nicotine
Product or Nicotine Receptacle in the market.

(b) Prior to the presentation of any information about reduced exposure or
reduced risk claims, the Inter-Agency Committee on Electronic Nicotine
Delivery System, Electronic Non-Nicotine Delivery System and Heated
Tobacco Products (IAC-E) may require manufacturers or importers to submit
scientific evidence supporting such health claims. Manufacturers and
importers can also submit a regulatory approval or authorization that was
issued by a public health regulator of another country and the same may be

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used by the IAC-E for allowing the use of a reduced- exposure or reduced risk
claims for a specific product.

(c) For ENDS, ENNDS and HTPs that are already in-market, all manufacturers,
distributors or importers shall be given six (6) months from the effectivity of
this Act to notify as well as submit information demonstrating compliance with
product standards and assessment requirements in accordance with Sections
12 of this Act to the Department of Trade and Industry (DTI).

SEC. 15. Reduced Exposure or Reduced Risk Claims. — There are two claims that
ENDS, ENNDS and HTPs may make: a reduced exposure claim and a reduced risk
claim. The Department of Health (DOH) shall be the responsible authority with respect
to claims of reduced exposure or reduced risk.

(a) A reduced exposure claim may be made only if:

i. The manufacturer characterized the levels of nicotine uptake from
ENDS, ENNDS and HTPs

compared to cigarette smoking based on clinical trials;

ji, The manufacturer can support the claim with evidence from clinical
trials conducted over a period of at least seven days demonstrating
that, compared to continued cigarette smoking, users who switch
completely to the product show a significant reduction in exposure to
one or more HPHCs based on validated, scientifically-accepted
biomarkers of exposure and that the reductions in exposure are
significant enough that a reasonable scientific or medical expert would
anticipate a reduction in risk of disease in smokers who switched to the
product.

The manufacturer demonstrates that the average user of a tobacco
product, who is reasonably well-informed and reasonably observant,
correctly comprehends the claim.

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iv. Clinical studies must be performed in accordance with ethical
principles that have their origin in the Declaration of Helsinki and be
consistent with reasonable internationally accepted standards.

(b) A reduced risk claim may only be made if:

i. The manufacturer meets the requirements stipulated for reduced
exposure claims; and

ii. The manufacturer can support the claim with clinical studies;

(c) To characterize risk reduction in the absence of epidemiological evidence, a
manufacturer may instead demonstrate favorable biological and physiological
changes in chosen clinical risk endpoints as compared to continued cigarette
smoking. These endpoints need to be effected by smoking, linked to smoking
related disease and reversible after cigarette smoking cessation. The
majority of the assessed clinical risk endpoints must shift in the direction of
cigarette smoking cessation.

SEC. 16. Penalties for Non-compliance. — The following penalties shall individually
apply to manufacturers, importers, distributors, sellers and buyers found to be in
violation of this Act, as well as to their agents/representatives, as may be applicable:

(a) On the first offense, a fine of not more than One Hundred Thousand Pesos
(P100,000.00);

(b) On the second offense, a fine of not less than One Hundred Thousand Pesos
(P100,000.00) but not more than Five Hundred Thousand Pesos
(P500,000.00); and

(c) On the third offense, a fine of not less than Five Hundred Thousand Pesos
(P500,000.00) but not more than One Million Pesos (P1,000,000.00)
imprisonment of not more than five (5) years, or both, at the discretion of the
court: Provided, that the business permits and licenses, in the case of a
business entity or establishment shall be revoked or cancelled.

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(d) Violations of the provisions of this Act committed by minors shall be dealt with
accordingly by existing applicable laws without prejudice to any administrative
proceedings or sanctions that may be conducted or meted out by schools
where the said minors may be students of.

Non-compliant ENDS, ENNDS and HTPs products found in the market for sale or
distribution shall be subject to confiscation by the Philippine National Police.

If the guilty officer is a foreign national, he shall be deported after service of
sentence and/or payment of applicable fines without need of further deportation
proceedings and shall be permanently barred from re-entering the Philippines.

SEC. 17. Inter-Agency Committee. -An Inter-Agency Committee on Electronic
Nicotine Delivery Systems,Electronic Non-Nicotine Delivery Systems, and Heated
Tobacco Products (IAC-E), which shall have the exclusive power, jurisdiction and
function to administer and implement the provisions of this Act, is hereby created. The
IAC-ENDS/ENNDSI/HTPS shall be co-chaired by the Secretary of the Department of
Trade and Industry (DTI), in consultation with the Secretary of the Department of Health
(DOH). The IAC-ENDS/ENNDS/HTPS shall have the following members:

(a) Secretary of the Department of Health

(b) Secretary of the Department of Agriculture

(c) Secretary of the Department of Justice

(d) Secretary of the Department of Finance (DOF);

() Secretary of the Department of Science and Technology (DOST);

(f) Secretary of the Department of Education (DepEd);

(g) Administrator of the National Tobacco Administration

(h) A representative from the ENDS/ENNDS/HTPS industry to be nominated by
the legitimate and recognized associations of the industry; and

(i) A representative from a nongovernment organization (NGO) involved in public
health promotion nominated by DOH in consultation with the concerned
NGO's;

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The Department Secretaries may designate their Undersecretaries as their
authorized representatives to the IAC.

SEC. 18. Creation of a Congressional Oversight Committee (COC). — A
Congressional Oversight Committee Co-chaired by the Senate Committee on Trade
and the House Committee on Trade shall be constituted to monitor and review the
implementation of this Act. The oversight committee shall be comprised of one
representative from each of the following bodies:

(a) Senate

i. Committee on Health and Demography —
ii. Committee on Economic Affairs
Committee on Science and Technology
iv. Committee on Ways and Means

v. Committee on Agriculture

(b) House of Representatives

i. Committee on Health —
ii, Committee on Economic Affairs
iii. Committee on Science and Technology
iv. Committee on Ways and Means
v. Committee on Agriculture

SEC. 19. Implementing Rules and Regulations. — Within six (6) months from the
date of effectivity of this Act, the DTI, in consultation with the IAC-E, shall issue the
implementing rules and regulations (IRR) of this Act. The non-issuance of the IRR will
not suspend the effectivity of this Act nor the introduction of New Electronic Nicotine and
Non-Nicotine Delivery Systems and Heated Tobacco Products in the market.
Manufacturers, importers and distributors of the products shall be given Eighteen (18)
months after the effectivity of the IRR to fully comply with the provisions of this Act as
well as its IRR.

SEC. 20. Jurisdiction. - The DOH shall have jurisdiction over Section 15 of this Act.
All other Sections of this Act shall be under the general jurisdiction of the DTI.

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SEC. 21. Separability Clause. - If any provision or part hereof, is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall
remain valid and subsisting.

SEC. 22. Repealing Clause. — The words “or heated” under Section 4 (d) of tobacco
of Republic Act No. 9211, Section 1.6 of Rule Ill of the Implementing Rules and
Regulations of Republic Act No. 9211, FDA Advisory No. 2013-008, and Department of
Health Administrative Order No. 0008-14 are hereby repealed.

Any law, presidential decree or issuance, executive order, letter of instruction,
administrative order, rule or regulation contrary to or is inconsistent with the provision of
this Act is hereby repealed, modified, or amended accordingly.

The provisions of RA 10643 or the Graphic Health Warnings Law shall not be
applicable to ENDS/ENNDS/HTPS

SEC. 23. Effectivity Clause.- This Act shall take effect fifteen (15) days after its
Publication in at least two (2) newspapers of general circulation.

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