Republic of the Philippines
HOUSE OF REPRESENTATTVES
Quezon City
EIGHTEENTH CONGRESS
First Regular Session
HOUSEBILLNO. 5?52
RFCTIVEN
DEC O
;)A iH;
iitiil;
INTRODUCED BY IIONORABLE CHERYL P. DELOSO-MONTALLA
AN ACT REGULATING THE MANUFACTURE, USE, SALE, PACKAGING,
I}ISTRIBUTION AI\iD ADYERTISEMENTS OF VAPOR PRODUCTS
AND FOR OTHERPURPOSES
EXPLANATORY NOTE
E-cigarettes are devices that vaporize a solution that users inhale. It does not use tobacco
leaves, unlike regular cigarettes. Its use became popular among Filipinos, particularly the youth,
as the government implemented higher excise taxes on tobacco products, and the ban on smoking
in public areas. While long-term health impacts from vaping remain largely unknown, e-cigarettes
rvere viewed as a healthier alternative that could help users quit smoking when they were first
launched a few years ago.1
There are contradicting views about vaping but while there is no sufficient scientific
evidence through randomized, controlled clinical trials to show the benefits and/or ill-effects of
vaping, the government is left with anecdotal reports to rely to in imposing its police power.
Available sources claim the following benefits of vaping
1. It's safer than smoking: The Royal College of Physicians in Great Britain stated that
vaping is at least 95Yo safer than smoking based on their extensive research. Since there's no
combustion, tar or ash associated with vaping, switching to it from smoking enables the user to
experience health benefits from being smoke-free. That means better oral hygiene, skin health,
circulation, lung capacity and an improved sense of smell and taste.2
2. No noxious odors: One of the biggest advantages of vaping is that the person using it
and environment won't smell of smoke. Vaping may have an aroma from the flavors used, but it's
not the smoke from dead tobacco leaves. To some people, the smell of vapor is barely noticeable.
Sometimes one might even get a few complements on the aroma.
3. Control over nicotine intake: Vaping gives one full control over his/her nicotine dosage.
E-juice is available in a variety of strengths, ranging from nicotine-free to high-strength nicotine.
One can choose exactly how much nicotine is in his/her vape, if one decides to use any at all. Most
vapers tend to start off with high nicotine levels, and gradually work their way down to lower
levels, or eliminate it completely.
In contrast, those who are against vaping have the following arguments:
l. Stigma of nicotine:Nicotine is a lightweight as drugs go. It's a mild stimulant that also
paradoxically relaxes the user. But because its history is inevitably tied to smoking - which is a
t https:1/news.abs-cbn.com /news/1O/3O119/doh-wants-ban-on-e-cigarettes
2 https://www.rcplondon.ac.uk/proiects/outputs/nicotine-without-smoke-tobacco-harm-reduction


highly dangerous delivery mechanism nicotine has a bad name. The most long-term study on
vaping is 3.5 years. It showed no negative health effects from its participants. Unfortunately,
there's no longer-term research beyond that. Because vaping is a new phenomenon, barely a
decade old, it's impossible to have truly long-term data.3
2. Scary headlines: There are lots of myths and rumors about vaping perpetuated in the
news. Some of them have a kernel of truth while some are just made up. Some headlines may be
true but are isolated cases made to look like an epidemic. Vaping looks like smoking, and both can
provide nicotine for those who want it. Aside from that, they have little in common. When you
light a cigarette, you're incinerating dead tobacco and inhaling the smoke, which is full oftar and
carbon monoxide that damage your lungs and cardiovascular system. a
3. FDA regulations and rules: The FDA was given regulatory authority over cigarettes and
tobacco. That Congressional act also gave the FDA the ability to define new products as tobacco
if they contain "nicotine derived from tobacco." Oddly enough, even for eJiquid that has zero
nicotine, the FDA requires a disclaimer that the product does contain it.
With the edsting vaping industry in the country flourishing, a total ban on the use of vaping
would push the sale ofvaping products and implements "underground" or into the "blackmarket".
This would leave the govemment to $op€ in the dark in the monitoring of diseases related to
vaping and would also deprive it with the taxes that would have been available should a regulatory
mechanism be available through legislative action.
It is in this light that this bill is being filed.
Immediate passage of this bill is eamestly sought.
CHERYL P.
MONTALLA
Representative
2"d District, Zambales
3 httos://www.natu re.com/articles/s41598-017-14043-2
a httos://bmcoubl ich€alth . biomedce ntral.com I a rticles I 70 -L1a6 / 747 1-24sa-74-7a


Republic of the Philippines
HOUSE OF REPRESENTATTVES
Quezon City
EIGHTEENTH CONGRESS
First Regular Session
5752
HOUSE BILL NO.
INTRODUCED BY IIONORABLE CHERYL P. DELOSO.MONTALLA
AN ACT REGULATING THE MANUFACTUR& USE, SALE, PACKAGING,
DISTRIBUTION AND ADVERTISEMBNTS OF VAPOR PRODUCTS
Ai\D FOR OTHERPURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:
SECTION l. Short Title. - 
This Act shall be known as the "Vapor Products Regulation
Act of 2019".
SECTION 2. Policy. - It is the policy of the State to protectthe interests of consumers,
promote their general welfare and to establish standards to regulate the industry.
SECTION 3. Scope.- This Act shall apply to all individuals, enterprises and businesses
which seek to manufacture, distribute, import, export, sell, offer for sale, and/or use vapor
products. It shall also provide for the standards to be implemented by the Inter-Agency Council for
Vapor products (IAC-V) in the monitoring and regulation of vapor products.
This Act shall not apply to heated tobacco products.
SECTION 4. Purpose. - It is the objective of this Act to
a. 
Minimize risks posed by Vapor products;
b. 
Prohibit sale of Vapor products to Minors;
c. 
Monitor potential risks of Vapor products; and
d. 
Create an lnter-Agency Committee on Vapor products to oversee the
implementation ofthe provisions of this Act.
SECTION 5. De/inition of terms. - 
As used in this Act,
a. 
"Advertisemenf'- refers to any visual and/or audible message disseminated to the
public about or on a particular vapor product that promotes the purchase or use of vapor products
by words, designs, images or any other means through broadcast, electronic, print or whatever
form of mass media, including outdoor advertisements, such as but not limited to signs and
billboards;
b. 
"Advertising" - refers to any messages and images promoting the purchase or use
ofvapor products;
c. 
"Carcinogenic" - refers to properties that can induce cancer or an increase in the
incidence of cancer occurring after exposure to a substance or mixture asdefined under the GHS;
d. 
"Closed-System" - refers to an E-device with a tank that is not intended by the
manufacturer to be refillable or that is intended by the Manufacturer to be used with Pods
designed by the Manufacturer;


e. 
"COC-V" - refers to the Congressional Oversight Committee on Vapor Products,
whose members are set out in Section 30;
f. 
"Commissioner" - refers to the Commissioner of the Bureau of Intemal Revenue
(BrR);
g. 
"Distributor" - refers to any person to whom a vapor product is delivered orsold
for purposes ofdistribution in commerce, excep that such term does not include a Manufacturer
or retailer or common carrier of such product;
h. 
'DTI" - refers to the Department of Trade and Industry (DTI);
i. 
"Design" - refers to any composition of lines or colors or any three-dimensional
form, whether or not associated-with lines or colors, provided that such composition or form
gives a special appearance to and can serve as a pattem for an industrial product, but shall exclude
designs dictated essentially by technical or functional considerations to obtain a technical result;
j. 
"E-device" - refers to an electronic device that delivers EJiquid in aerosol form
into the mouth and lungs when inhaled It is also referred to as an aerosolizing apparatus;
k. 
"EJiquid" - refers to any liquid solution or gel whether containing nicotine or not,
that is encased in a Receptacle;
l. 
'Emission" - refers to the vapor, mist or aerosol that is produced when the EJiquid
is heated by the E-device;
m. 
"Flavor/Flavoring" - refers to an additive or a combination ofadditives, including
but not limited to fruit, spice, herbs, alcohol, candy, menthol or vanill4 that imparts smell and/or
taste to the Eliquid;
n. 
'GHS" - refers to the Globally Harmonized System of Classification and
Labelling of Chemicals issued by the United Nations;
o. 
"Health Claims" - refers to any representation to consumers that the use of vapor
products reduces risk of disease or health-related conditions or that vapor products are a smoking
cessation aid;
p. 
"HPHC" - refers to harmful and potentially harmful constituents;
q
this Act;
'IAC-V" - refers to the Inter-Agency Council on Vapor Products created under
r. 
"Ingredient" - refers to any substance used as a component in the manufacture or
preparation of an E-liquid;
s. 
"LabelAabelling" means the display of written, printed or graphic matter on any
vapor products, its immediate container, tag, literature or other suitable material afhxed thereto
for the purpose of giving information as to the identity, components, ingredients, attributes,
directions for use, specifications and such other information as may be required by this Act;
t. 
"Minor" - refers to any person below eighteen (18) years old;
u. 
"Manufacture" means any and all operations involved in the production, including
preparation, propagation, processing, formulating, filing, packing, repacking, altenng,
ornamenting, finishing or otherwise changing the container, wrapper or labeling of a Vapor
product in the furtherance ofthe distribution of the same from the original place of manufacture
to the person who makes the final delivery or sale to the ultimate consumer;


v. 
"Manufacturer" means any person who manufactures, assembles or processes
vapor products, except that if the goods are manufactured, assembled or processed for another
person who attaches his own brand name to the vapor products, the latter shall be deemed the
manufacfurer-
w. 
"Mutagenic" - refers to properties that may cause heritable gene mutations,
including heritable structural and numerical ckomosome aberrations in ge rm cells occurring after
exposure to a substarce or mixture as defined under the GHS;
x. 
"Open-System" - refers to an E-device with a tank that a user can refill with an E-
liquid of their choosing;
y. 
"Package" or "Packaging" - refers to any container or wrapping in which any vapor
product is enclosed for use in the delivery or display ofthat vapor product to retail purchasers, but
does not include: (y' shipping containers or wrappings usedsolely for the transportation of any
vapor product in bulk or in big quantities by manufacturers, packers, or processors to wholesale
retail distributors tlweof; (ii) shipping containers or outer wrappings used by retailers to ship or
deliver any product to retail customers if such containers and wrappings bear no printed matter
pertaining any particular product; and (ii) the wrappers or containers of vapor products sold in
small quantities by small retail stores to the consumer which by tradition are wrapped with
ordinary paper;
z.
"Person" - refers to an individual, partnership, corporation or any other business
or legal entity;
aa. "Pod" - refers to a sealed pre-filled and disposable bottle, container or cartridge
containing EJiquid, in which the EJiquid is intended by the Manufacturer to be inaccessible
by the user tkough customary or reasonably foreseeable handling or use, that is attached or
inserted into the E-device;
bb. "Point-of-Sale" - refers to any location, including online, at which an individual
can purchase or otherwise obtain Vapor products;
cc
"Principal Display Surface" - refers to any of the following
(i) 
In the case ofa 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;
(iD 
In the case ofa spherical, cylindrical or conical container ofvapor products,
the two (2) largest surfaces that are predominantly displayed; and
(iii) In the case ofa package and carton that do not have a particular side or
surface that is predominantly displayed or visible under normal or customary conditions
of sale or use or those that are not described under subsections 1 and 2, fifty percent (50%)
of the three (3) dominant sides or the total surface thereof, whichever is biggel which
will ensure that the Wamings are visibly shown;
dd. '?roduct lnformation" - means accurate information as to the nature, quality,
design, quantity of the contents, trademarks, brand names and identity ofthe Manufacturer ofa
Vapor product, which facilitate the comparison of the value ofsuch Vapor product against other
Vapor products, and includes any information prescribed under the packaging and labelling
requirements in Sections 12 ofthis Act;
ee. "Promotion" - means techniques intended for broad consumer participation which
contain promises of gain such as prizes, in cash or in kind, as a reward for the purchase ofa Vapor


product or winning in a contest, game, tournament and other similar competitions which involve
determination of winner/s. It also means techniques purely intended to increase the sales,
patronage and/or goodwill ofa product;
ff. 
"Public Conveyances" - refer to modes of transportation servicing the general
population, such as, but not limited to, elevators, airplanes, buses, taxicabs, ships, jeepneys, light
rail transits, tricycles, and similar vehicles;
CC. "Receptacle" - refers to Pods and Refills and excludes tanks of E-devices which
are used to contain EJiquids;
hh. "Refill" - refers to a bottle or container containing EJiquid, in which the E-liquid
is intended by the Manufacturer to be accessible by the user through customary or reasonably
foreseeable handling or use;
ii. 
"Reprotoxic" - refers to property or properties that may cause adverse effects on
sexual function and fertility in adult males and females, as well as developmental toxicity in the
offspring, occurring after exposure to a substance or mixture as defined under the GHS;
jj. 
*Retailer" - refers to any person who or entity that sells vapor products to
individuals for personal consumption;
kk. "Selfie" - refers to a photograph that one has taken of oneself, typically with a
smaxtphone or webcam;
ll. 
"Sponsorship" - refers to any public or private conhibution to a third party in
relation to an event, team or activity made with the aim of promoting a brand ofvapor products,
which event, team or activity would still exist or occur without such contribution. For the purpose
ofthis Act, sponsorship shall be understood as Vapor products sponsorship;
mm. "Vaping" - refers to the act of inhaling the vapor, mist or aerosol produced by the
vapor products;
nn. "Vapor product" - as the context may require, refers to an E-device (whether
Closed-System or Open System), E-liquid, Receptacles, its accessories or any combination
thereof;
oo. "Warning" - refers to the textual waming specified in Section 12a(i), which shall
be required in lieu of the health wamings required by Republic Act No. 11346 in relation to
Republic Act No. 10643 or the Graphic Health Wamings Law.
SECTION 6. Prior notice to the IAC-V. - Any person who wishes to engage in the
activity of manufacturing, selling, offering for sale, importing, exporting, distributing or
transferring vapor products shall give prior notice the IAC-V of its intention at least three (3)
months before the commencement of its operation. The IAC-V, through its Secretariat, after
review ofthe documents presented, shall issue a "Certificate ofNo Objection" which shall be the
basis for the issuance ofthe appropriate agency of its permit to operate its business.
SECTION 7. Product standards. - No Person shall manufacture, sell, offer for sale,
import, export, distribute or transfer any vapor product unless:
a. 
the E-device operates in such a way that when used as intended, delivers
controlled heating during the entire process ofconsumption of the EJiquid;
b. 
the E-device complies with all applicable electrical safety standards as
promulgated by the Bureau ofProduct Standards ofthe Department ofTrade and Industry (DTI);


c. 
the tank of Open-System E-devices and Refills are child-resistant, tamper
resistant, protected against leakage or breakage and have a mechanism that ensures refilling
without leakage;
d. 
the tanks of E-device and Pods shall only be permitted to have a maximum volume
oftwo (2) milliliters while Refills shall only be permitted to have a maximum volume of thirfy (30)
milliliters; and the Manufacturer provides a written declaration to the IAC-V at least three (3)
months prior to manufacturing, selling, offering for sale, importing, exporting, distributing or
transferring a vapor product that
(D 
the \rapor product complies with the standards set out in Section 7 of this
Act; and
(ii) 
they shall bear full responsibility for the quality and safety of the vapor
product when placed on the market and used under normal or reasonably
foreseeable conditions.
SECTION 8. Ingredients and em*sions standards -No 
person shall manufacture, sell,
offer for sale, import, export, distribute or transfer any EJiquid unless it complies with the
following:
a. 
Each ofthe components of the Eliquid particularly nicotine, propylene glycol or
glycerol, must be within the specifications of internationally-accepted pharmacopoeia,
b. 
The E-liquid shall not contain additives that have carcinogenic, mutagenic or
reprotoxic properties in unbumt form under the prevailing GHS revision;
c. 
The E-liquid shall not contain vitamins or other additives that are promoted or
marketed to create the impression that the product has a health benelit or presents reduced health
risks;
d. 
The EJiquid shall not contain caffeine, taurine, or other additives and naro- or
psyclustimulaat compounds ;
The EJiquid shall not contain additives having coloring properties for Emissions;
f 
The EJiquid sha.ll not contain additives such as diacetyl and 2,3-Pentandione,
which are known to pose a risk to human health when used in vapor products.
g. 
The E-liquid shall contain a maximum nicotine value of not more than sixty-five
milligrams of nicotine per milliliter;
h. 
The EJiquid additives not prohibited under the preceding sub-sections, such as
but not limited to additives used in Flavoring permitted under Section 9, must be ofat least food
grade purity;
i. 
The EJiquid shall not contain any dangerous drugs, as enumerated under Republic
Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of2002; and
j. 
The manufacturer shall provide a written declaration to the IAC-V at least three
(3) months prior to manufacturing, selling, offering for sale, importing, exporting, distributing or
transferring an EJiquid that
(r)
the EJiquid complies with the standards set out in Section 8 of this Act
and
(ii) 
(ii) they shall bear fu1l responsibility for the quality and safety ofthe E-


liquid when placed on the market and used under normal or reasonably
foreseeable conditions.
The IAC-V, tkough the issuance of rules and regulations, may prohibit any other additive/s
that are, after notice and hearing, proven to have caused death, serious illness or injury, or pose
grave and imminent risk to consumer safety and public health when used in vapor products under
normal consumption pattems;
The sale, offer for sale, import, export, distribution or transfer ofany nicotine shotsand/or
concentrates shall be strictly prohibited.
SECTION 9. Flavors. - 
The manufacture, importation, sale and distribution of vapor
products containing flavoring shall be prohibited, except for tobacco or menthol flavors. The iAC-
V may, however, on the basis of evidence-based medicine, permit additional flavors through the
issuance ofthe necessary and appropriate rules and regulations,
SECTION I 0. Pria r submission of dan and it{ormation to IAC-V - 
In addition to the
requirement ofprior notice under Section 6, no vapor product shall be manufactured, sold, offered
for sale, imported, exported, distributed or transferred unless the following shall have been
submitted to the IAC-V:
a.
a full statement and report ofthe components ofthe E-device;
b. 
a full statement and report ofthe ingredients ofthe EJiquids, except for ingredients
used in quantities of 0.1% or less of the final formulation ofthe E-Liquid, which are considered
confidential or trade secret and can be described in the report by the name of the flavoring,
provided that the Manufacturer or importer (as the case may be) provides a written declaration to
the IAC-V that they would disclose these ingredients to the IAC-V in confidence in the event of
a safety problem with the pIoduct;
c. 
for closed-system vapor products, a report listing the known HPHCs in the E-
liquid and a toxicological analysis of the HPHCs in Emissions produced when the E-device is
used with the Pod;
d. 
for refills, a report listing the known HPHCs in the EJiquid and toxicological
analysis of the HPHCs inEmissions produced when used with three (3) compatible E-devices. The
toxicological analysis should be performed using E-devices that are known to be typically used
with the Refill on the market;
e. 
for open-system e-devices, a toxicological analysis of the HPHCs in Emissrons
produced when used with three (3) compatible Refills. The toxicological analysis should be
performed using Refills that are known to be typically used with the E- device on the market;
f 
samples ofthe E-device and/or Receptacle, as the IAC-V may reasonably require;
g. 
specimens of the Packaging proposed to be used for the E-device and/or
Receptacle; and
h. 
the Manufacturer's written declaration required r.rnder Section 7(e) and/or Section
8(i) and/or Section 10(a) andior Section 10(b).
The IAC-V shall establish a list of HPHCs within three (3) months of the effectivity of
this Act, and periodically revise the list as appropriate; provided however that the list must be
supported by substantial scientific evidence and shall not be formulated or revised without prior
notice to and consultation with the public and interested stakeholders.


SECTION ll. Advertisements, sponsorships and p romotions. - The following
restrictions shall apply:
a.
Advertisements. - All forms of advertising of vapor products shall be prohibited.
b. 
Sponsorships. - 
Manufacturers, distributors, importers, exporters and retailersof
vapor products are prohibited from providing any Sponsorship. This sub-Section shall not prohibit
any donations or sponsorships made in connection with programs that are permitted under Section
21 of this Act.
c. 
Promotions. - 
The following restrictions shall apply to all promotions:
(i) 
all communications to consumers about promotions shall comply withthe
provisions of Section I l(d) governing Product Information;
(ii)
no Minor may participate in promotions. All participants must be required
to provide a valid govemment-issued photo identification for verification;
and
(iii) in addition to the Warning, the age requirement for participation in any
promotion must be clearly marked on the program materials distributed to
consumers.
d. 
Product Infortnation. - 
Product Information shall be displayed and provided only
at points-of-sale. All Product Information displayed and provided at points-of-sale shall include
the Warning.
SECTION 12. Paekaging and labelling. - All vapor products shall comply with the
following requirements :
a.
Packaging. - 
the Packaging of vapor products shall
(i) 
carry the warning on the principal display surface:
*THIS PRODUCT CONTAINS MCOTINE, WHICH IS A HIGHLY
ADDICTIVE SUBSTANCE. ";
(ii) 
The warning shall be contained within a frame, which shall occupy 30% of the
lower part of the principal display surface. The warning shall occupy a total area
of not less than fifty percent (50%) of the frame;
(iii) Nothing shall be printed or applied on a location where it is likely to obscure or
cover, in part or in whole, the warning;
(iv) No part of the warning may be destroyed, obscured, folded, severed or become
unreadable when the packaging is opened or closed or when a wrapper on the
packaging is removed;
(v) 
In addition to the waming, the following textual health warnings should also be
included on the packaging:
(l) 
"This product is not suitable for use by pregnant womeq nursing mothers,
children, persons with respiratory or cardiovascular diseases."; and
(2) 
*Intended only for adult smokers.";


(vi) for Receptacles:
(1) 
specifu the nicotine content in the format of "XX mg of nicotine / ml";
(2) 
the actual volume in milliliters of the EJiquid; and
(3) all ingredients used in quantities of 0.1% or more by volume of the final
formulation of the E-liquid, except for the ingredients of flavoring which
are considered confidential or trade secret, and can be described on the
Packaging by the name ofthe flavoring, provided that the requirements of
Section 10(b) are complied with; and
(viD not contain cartoon characters or subjects that depict humans or animals with
comically exaggerated features or that attribute human or unnatural characteristics
to animals, plants or other objects.
b. 
Design of vapor producrs. - 
The Design ofthe E-device and/or Receptacle shall
not be of a color, shape, pattem, configuration or artistic appearance that is similar to toys or
objects meant specifically for Minors.
c. 
Labels. - 
The Label for vapor products shall comply with the minimum labelling
requirements for consumer products as set out under Article 77 of Republic Act No. 7394
otherwise known as the Consumer Act ofthe Philippines.
d. 
Instructions for use. - 
a leaflet or insert for E-device containing
(i) 
instructions for handling;
(iD instructions for proper use;
(iii) telephone number to call in case ofaccidents, injury or illness arising from
the use of the vapor product;
(iv) instructions for maintenance of the product; and
(v) 
warnings on:
risks of improper usage;
the product is not suitable for use by pregnant women, nursing
mothers, children, persons with respiratory or cardiovascular
diseases;
risks of prolonged contact with the skin;
risks of ingestion; aad
addictive quality of nicotine.
SECTION 13. Health claims - Vapor products which make Health Claims shall be
excluded from the scope ofthis Act and shall be regulated by the Food and Drug Administration
ofPhilippines as pharmaceutical products under existing laws and regulations.
SECTION 14. Signage. - All points-of-sale selling, offering for sale, distributing or
transferring vapor products to consumers shall post the following statement in a clear and
conspicuous manner:
*SALE OR DISTRIBUTION OF VAPOR PRODUCTS TO MINORS IS A CRIMINAL ACT
PUNISHABLE BY IMPRISONMENT AND/OR FINE."
SECTION 15. Prohibitetl vaping Area.* - 
Use of vapor products shall be absolutely
prohibited in the following places:
a. 
Centers of youth activity such as playschools, preparatory schools, elementary
schools, high schools, colleges and universities, youth hostels and recreational facilities for
(1)
(2)
(3)
(4)
(5)


mtnors;
b. 
Elevators and stairwells;
c. 
Locations in which fire hazards are present, including gas stations and storage
areas for fl:rmmable 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; and
e. 
Public conveyances and public facilities including airport and ship terminals, train
and bus stations, restauants and conference halls.
SECTION 16. Prohibition of sale to mirrors. - 
The following acts shall be prohibited:
a. 
The sale, offer for sale, distribution or mnsfer of vapor products or samples of
vapor products by any Person to Minors;
c
a Minor.
purchasing, or otherwise receiving vapor products from a Minor; and
The purchase, distribution or transfer ofvapor products by Minors, or on behalfof
It shall not be a defense for the Person selling offering for sale, distributing or transferring
Vapor products 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 Vapor product
was for the consumption of the Minor to whom it was sold, distributed or transferred.
SECTION 17, Age verijicartr-oa - 
Retailers shall
a.
ascertain that no individual purchasing vapor products is a minor; and
b. 
verify the age ofa potential customer prior to sale by requiring the presentation
of a valid govemment issued identification card exhibiting the customer's photograph, as well as
his/her age and/or date ofbirth.
SECTION 18. Location of sale - 
The sale, offer for sale, distribution or transfer of
Vapor products is prohibited within one hundred ( 100) meters from any point ofthe perimeter ofa
school, public playground or other facility frequented particularly by Minors.
SECTION 19. Online sales. - No Person shall sell, offer for sale, distribute or transfer
any Vapor products online unless the following requirements are met:
a. 
compliaace with all requirements specified in Republic Act No. 8792, also known
as the "E-Commerce Act", and the Rules and Regulations for Consumer Protection in a
Transaction Covered by the Consumer Act of the Ph'il'ippines through Electronic Means under
the E-Commerce Act;
b. 
compliance with all requirements specified under Republic Act No. 10173, also
known as the *Data Privacy Actof 2012", and its implementing rules and regulations;
c. 
access is restricted to persons eighteen (18) years ofage or older. Access shall be
deemed to be age-restricted ifa person cannot complete a purchase unless the Person provides a
copy of hiVher valid govemment-issued photo identification for verification and provides a
contemporaneous selfie for face-based biometrics verification;
b
d. 
an independent audit firm has certified compliance with the two-step age


verification requirements set out in this sub-Section; and
e. 
such person has submitted the certification prescribed under Section 19(d) to the
IAC-V prior to carrying out online sales.
SECTION 20. Pasr-ara rket reqairements. -
a. 
Manufacturers in the Philippines and importers of foreign products shall be
required to establish and maintain post-market records on adverse health events, including putting
in place suitable mechanisms for consumers to report any adverse health events. The IAC-V may
from time to time require Manufacturers and importers to submit the list of adverse health events,
whether serious or non- serious, arising in the Philippines from the use of vapor products; and
b. 
In the event that a vapor product has been withdrawn from a market outside ofthe
Philippines as a result ofthe occurrence ofan adverse health event, the manufacturer or importer
shall immediately notifu the IAC-V.
SECTION 21. Corporate social rcsponsibilily programs. - All large taxpayers, as
defined under Section 245 of Republic Act No. 8424, otherwise known as the Tax Reform Act
of 1 997, doing business and engaged in manufacturing, distributing, importing, exporting or retail
sale of vapor products in the country, whether domestic or foreign, are hereby mandated to
allocate funds to:
a. 
youth usage monitoring and prevention progmms, as may be prescribed by the
IAC-V in the implementing rules and regulations; and
b. 
corporate social responsibility prqjects for the benefit of the community
All local government units where corporate social responsibility activities are conducted
shall extend whatever assistance is necessary for these large taxpayers to implement their
corporate social responsibility activities, provided always that the name ofthe company may only
be mentioned in the roster of sponsors but not in any advertisement.
SECTION 22. Trunsparency and disclosure of information - 
The IAC-V shall publish
any notifications, written declarations or reports prescribed in Sections 6, 7, 8 and 10 ofthis Act
on a forum to be decided by the IAC-V, except for any data or information which is considered
a trade secret or otherwise confidential information. The IAC-V shall, in principle, consider
ingredients and additives used in Flavoring to be trade secret or otherwise confidential
information.
Any interested party may inspect any notifications, written declarations or reports
published by the IAC-V and may present observations in writing to the IAC-V conceming
compliance with all standards and requirements prescribed under this Act. Such observations
shall be communicated to the relevant Manufacturer, Distributor, importer or exporter, who may
comment on them. The IAC-V shall acknowledge and put such observations and comment in the
file of the notification to which it relates, including any decision to impose penal provisions on
the relevant Manufacturer, Distributor, importer or exporter.
SECTION 23. Penalties for non-complianca - The following penalties shall
individually apply to manufacturers, importers, distributors, sellers and buyers found to be in
violation ofthis 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 tlnn Two Hundred Thousand Pesos (P200,000.00); and


c. 
On the third offense, a fine of not less than Two Hundred Thousand Pesos
(P200,000.00) but not more than Five Hundred Thousand Pesos (P500,000 00), imprisonment of
not more than five (5) years, or both, at the discretion ofthe court: Provided, that the business
permits and licenses, in the case of a business entity or establishment, may be revoked or
cancelled.
If the offender is a corporation, partnership or any juridical person, the penalty shall be
imposed upon the responsible offrcers, as the case may be, who participated in, orby their gross
negligence, allowed the violation ofthis Act.
SECTION 24. Wolations by ndnon. - If a minor is caught selling, buying or using a
Vapor product, the provisions ofRepublic Act No. 9344, otherwise known as An Act Establishing
A Comprehensive Juvenile Justice Aad Welfare System, Creating The Juvenile Justice And
Welfare Council Under The Departrnent Of Justice, Appropriating Funds Therefor And For Other
Purposes, shall apply.
SECTION 25. Confncation - Vapor products found in the market for sale or
distribution but are in violation ofthe provisions of this Act shall be subject to confiscation by
the Philippire National Police.
SECTION 26. Foreign nationals. -lf 
the guilty offender is a foreigl 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.
SECTION 21. Inter-agency council. - 
There is hereby established an Inter-Agency
Council on Vapor Products (IAC-V), which shall, except as otherwise provided in this Act, have
the exclusive power, jurisdiction and function to regulate vapor products and to administer and
implement the provisions of this Act, is hereby created.
SECTION 28. Functions of the council. - The Council shall have the following powers
and functions:
(a) 
Formulate a comprehensive and integrated program on the manufacture, use, sale,
distribution and disposition ofall vapour products;
(b) Promulgate rules and regulations as may be necessary for the effective
implementation of this Act;
(c) 
Monitor and oversee the strict implementation of this Act;
(d) 
Coordinate the programs and projects ofthe various member agencies to effectively
address the issues and problems attendant to the use ofvapour products;
(e) 
Coordinate the conduct of massive information dissemination and campaigt on the
existence of the law and the various issues and problems atGndant to the use of vapour products
through the LGUs, concerned agencies, and NGOs;
(0 
Direct other agencies to immediately respond to the problems brought to their
attention and report to the Council on action taken;
(g) 
Assist in filing ofcases against individuals, agencies, institutions or establishments
that violate the provisions of this Act;
(h) 
Secure from any department, bureau, office, agency, or instrumentality of the
govemment or from NGOs and other civic organizations such assistance as may be needed to
effectively implement this Actl


(i) 
Coordinate with the Department of Information and Communications Technology
(DICT), Department of Trade and Industry (DTI), and other NGOs in monitoring the promotion
ofadvertisement of vapour products in the intemet;
C) 
Exercise all the powers and perform such other functions necesszry to attain the
purposes and objectives ofthis Act.
SECTION 29. Secretariat to the council. - The Departrnent of Trade and Industry in
cooperation with the Department of Health shall establish the necessary secretariat for the council.
It shall be headed by an executive director who have distinguished himself both in the field of
commerce and pulmonary medicine. All complaints related to the manufacture, use, sale,
distribution and disposition of all vapour products shall be lodged to and disposed of by IAC-V
through the secretariat except those which may be covered by other laws, rules, regulations, orders
and issuances.
SECTION 30. Merd erc otthe AC-V - 
The IAC-V shall have the following members
Secretary of the DTI, who shall also be the chair ofthe L{C-V;
Secretary of the Departrnent of Health (DOH);
Secretary of the Department of Agriculture (DA);
Secretary ofthe Department ofJustice (DOJ);
Secretary of the Department of Finance (DOF);
Secretary ofthe Department of Science and Technology (DOST);
Secretary of the Departrnent of Information and Communications Technology
The Administrator of the National Tobacco Administration (NTA);
The Commissioner of the Bureau of Customs (BOC);
A representative from the Office ofthe Presidential Legal Counsel;
A representative from the vapor products industry to be nominated by legitimate
and recognized associations of the industry; and
l. 
A representative from a non-govemment organization (NGO) involved in public
health promotion nominated by DOH in consultation with the concemedNGo's;
The departnent secretaries may designate their undersecretaries as their authorized
representatives to the IAC-V.
SECTION 31. Creation of a congressional oversight cornmittee - A Congressional
Oversight Committee on Vapor products (COC-V) chaired by the Chairman of the Senate
Committee on Trade and Industry and shall be constituted to monitor and review the
implementation ofthis Act for a period not exceeding three (3) years. The Chairman ofthe House
Committee on Trade and Industry shall be co-chairrnan of the COC-V. The COC-V shall be
comprised ofone representative from each of the following bodies:
a. 
Senate
a.
b.
c.
d.
e.
f.
s_
(Drcr);
h.
i.j
k,
Committee on Health and Demography
Committee on Economic Affairs
Committee on Science and Technology
Committee on Ways and Means
Committee on Agriculture
Committee on lnformation and Communications Technology
b. 
House of Representatives
(i) 
Committee on Health
(iD Committee on Economic Affairs
(iii) Committee on Science and Technology
(D
(ii)
(ii,
(iv)
(v)
(vi)


(iv) Committee on Ways and Means
(v) 
Committee on Agriculture
(vi) Committee on Information and Communications Technology
SECTION 32. Compliance Monitoring. - Not later than one (1) year after the date of
the effectivity ofthis Act, and annually thereafter, the IAC-V shall submit to the President ofthe
Philippines and to both Houses of Congress a Compliance Monitoring Report on the compliance
ofthe manufacturers, importers, distributors and retailers on all applicable laws and ordinances
with respect to the manufacture, import, export, sale, offer for sale and distribution of Vapor
products. The report shall contain pertinent information on the methods, goals and
implementation program of said Persons with respect to the requirements ofthis Act.
SECTION 33. Trarcitory Period - A transitory period of tkee (3) months from the
date of effectivity of this Act shall be provided to allow all Manufacturers, Distributors,
importers, exporters, sellers and retailers of Vapor products to comply.
SECTION 34. lmplementing Rules and Regulations. - Within ninety (90) days from
the date of effectivity of this Act, the IAC-V shall submit implementing rules and regulations to
the COC-V for its review The COC-V shall approve the implementing rules and regulations
within ninety (90) working days of receipt thereof, provided that the non-issuance of
implementing rules and regulations shall not suspend the effectivity of this Act nor the
introduction ofvapor products in the Philippines.
SECTION 35. Appropriatio,rr - The amount necessary to implement the provisions of
this Act shall be charged against the current year's appropriations of the concemed national
govemment agencies. Thereafteq such funds as may be necessary for the continued
implementation of this Act shall be included in the budgets of the concemed national govemment
agencies under the arnual General Appropriations Act.
SECTION 36, SeparabiliQ 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.
SECTION 37. Repealing Clause - All existing laws, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation contrary to or
inconsistent with the provisions of this Act are hereby repealed, modified, or amended
accordingly.
SECTION 38. Elfectivity Clause - 
This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.
Approved,