Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

4816

HOUSE BILL NO.

Introduced by Representatives KRISTINE SINGSON-MEEHAN and
DEOGRACIAS VICTOR “DV” SAVELLANO

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

EXPLANATORY NOTE

In the Philippines, smoking persists as a prevalent threat to public health. A
staggering 23%, or 16 million out of the 63 million adult Filipinos currently smoke
“traditional” combustible cigarettes, thereby giving the Philippines one of the highest
smoking rates in Asia.

Given that smoking is the leading cause of preventable death in the country, the
sheer number of those affected by smoking combustible cigarettes raises grave
concern, Thus, in the interest of public welfare, it is imperative that the State address
this health issue urgently and effectively.

At the crux of this problem is the fact that many Filipino smokers in fact want
to quit, but due to the lack of viable alternatives to combustible cigarettes, find it
extremely hard to do so. According to the 2015 Global Tobacco Survey, of the
estimated 16 million Filipinos who currently smoke, at least 76% have planned or
were thinking about quitting. Unfortunately, of this number, only 4% were successful
in their attempt.

Recognizing the need for a viable alternative to combustible cigarettes,
governments around the world and leading public health institutions have explored the
concept of harm reduction as a public health strategy to combat the smoking epidemic.
Harm reduction is grounded on the idea that people smoke for the nicotine but die
from the tar. Hence, if there is a way to deliver nicotine to those who smoke cigarettes
without the associated harmful by-products that are produced in a combustible



cigarette, it would enable smokers to finally quit smoking. The category of Electronic
Nicotine Delivery Systems, Electronic Non-Nicotine Delivery Systems (“ENDS/
ENNDS”) and Heated Tobacco Products (“HTPs”) were created as an outcome of this
insight. The fundamental difference versus that of a cigarette is that these products do
not combust and do not produce any smoke.

The entry of alternative products such as ENDS, ENNDS and HTPs in the
market raises the need for regulation primarily in the interest of public welfare.
Furthermore, on top of public health concerns, regulation is needed 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; the interests of industry; and the interests of all other
stakeholders who stand to be affected by the introduction of the said category.

This Bill proposes 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 first crucial consideration is the protection of minors. Of primordial
concern is that in the absence of regulation, ENDS, ENNDS and HTPs may attract
minors or be purchased by and sold to minors, who are certainly not meant to be
consumers of ENDS, ENNDS and HTPs. Thus, apart from restricting access to
persons below 18 years old, the Bill provides for standards for communications
materials on ENDS, ENNDS and HPs, as well as penalties for the violations ranging
at least P100,000.00 to PS00,000.00 and imprisonment.

It is also important to ensure the safety and quality of ENDS, ENNDS and
HPs that are available in the market to provide a viable alternative to combustible
cigarettes. Thus, this Bill proposes 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.

While a growing body of scientific evidence increasingly shows that ENDS,
ENNDS and HTPs provide for a less harmful alternative to combustible smoking, we
are still waiting to see if in the long-term ENDS, ENNDS or HTP use may still pose
some health risk to users. Moreover, the vapor produced may still contain nicotine,
which is an addictive substance.

The immediate passage of this Bill is earnestly requested.

KRISTI INGSON MEEHAN DEOGRACIAS Vi HR “DV” SAVELLANO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. _ 4816

Introduced by Representatives KRISTINE SINGSON-MEEHAN and
DEOGRACIAS VICTOR “DV” SAVELLANO

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 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.

(@ “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.

(©) “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 (6Smg/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 salvsalt nicotine, and conventional
“freebase” nicotine, and other similar products as may be determined by the Inter
Agency Committee on ENDS/ ENDS.

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

(g) “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.

G@) “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.

() “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 .


(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.

(e) 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 HTP 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 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 shail 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.

(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.


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

(®) 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.

(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.

c

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 HTP5 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 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;
iii, 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 H7Ps shall ensure that such devices comply with applicable
electrical safety standards, as determined by the Department of Trade and Industry
(OTD).

(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 milliliter (5 ml) tank with a
maximum of one hundred milliliters (100ml) refill package, and a maximum of
sixty five milligrams per milliliter (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
(DTD), 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 used by the IAC-E for allowing the use of a
teduced- 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;

ii, 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.

ii

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

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.

(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/ENNDS/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);

(e) 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;

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

iii, 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.

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 III 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.

Approved,