Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SEVENTEENTH (17%) CONGRESS
First Regular Session.

4325

House Bill No.

Introduced by REPRESENTATIVE ERIC L. OLIVAREZ

EXPLANATORY NOTE

Cigarette or tobacco smoking has always posed a great
health risk on the lives of the people who smoke, and the
people who inhale second hand smoke from the former. We
are all aware of the illnesses potentially brought about by
constant smoking. People who have developed dependence
on cigarettes are regularly exposed to the ill effects of tar,
nicotine and the cigarette’s by-product - smoke itself,
among many other harmful chemicals. Several campaigns to
stop, ban or discourage smoking have been launched to
suppress the further deterioration of the health of smokers,
and second-hand smokers alike.

One new means to overcome cigarette or tobacco
addiction has been making an uproar recently - the use of
electronic cigarettes. Electronic cigarettes, or “e-cigarettes”
are marketed as a safer alternative to regular cigarettes. The
development of this device was hinged on the belief that it is
the key to help smokers stop their unhealthy habit without
having to suffer the effects of sudden withdrawal, and it also
eliminates the risk of other people getting complication from


second-hand smoke because e-cigarettes do not produce
smoke as a by-product

E-cigarettes are designed to mimic the real thing. The
internal assembly of this device is comprised of a battery, a
heating element, and a cartridge that holds nicotine and
other liquids and flavorings. The end of the stick glows as
one inhales it and a cloud of a pseudo-smoke is puffed out
as the user exhales. This seeming smoke is vapor, and the
act of inhaling and exhaling the said device is called
“vaping”.

However, studies show that e-cigarettes are not
completely risk-free. Although it may be safer than a
cigarette or tobacco, considering it doesn’t produce real
smoke which as we've already mentioned is a very
dangerous by-product of the latter, the long-term effects of
vaping e-cigarettes are still not guaranteed to be completely
safe. For one, the e-cigarette delivers toxic chemicals and
carcinogens into the lungs. It also has the potential of
making bacterial infections resistant to antibiotics,
according to one research.

Moreover, e-cigarettes remain a source of nicotine
which as we all know is an addictive substance. Indeed, e-
cigarettes were developed to provide tobacco or cigarette
users a smoke-free source of nicotine, which of course
should not be left as it is. Although arguably it is safer than
a regular cigarette, the fact that it still induces substance
dependence means that it nonetheless needs to be
regulated.

Any form of drug addiction cannot be countenanced by
the State. Consistent with its constitutional policy to protect
and promote the right to health of the people and instill
health consciousness among them, it is only proper that the
manufacturing, distribution, sale, importation and use of e-
cigarettes in the country be restricted and duly regulated by

2


the proper agencies to ensure that our people’s health and
lives are not put in jeopardy.

Viewed from the foregoing premises, support of this
measure is therefore being sought.

Be
ERIC OLIVAREZ


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SEVENTEENTH (17) CONGRESS
First Regular Session

House Bill No. 4325

Introduced by REPRESENTATIVE ERIC L. OLIVAREZ

AN ACT REGULATING THE MANUFACTURE,
DISTRIBUTION, SALE, IMPORTATION AND USE OF
ELECTRONIC CIGARETTES IN THE PHILIPPINES

Section 1. Short Title. This Act shall be known as the
E-Cigarettes or Vape Regulation Act of 2016.

Section 2. Definition of Terms. For purposes of this
Act, the following terms shall be used under the definition
provided hereof, to wit:

Electronic cigarettes - devices, often
resembling cigarettes, cigars or pipes, designed to
deliver nicotine or related substances to users in
the form of a vapor, It is also known as electronic
nicotine delivery systems (ENDS). Electronic
cigarettes are hereinafter referred to
interchangeably with “E-cigarettes”.


Vaping — the act of inhaling and exhaling the
vapor produced by an electronic cigarette or
similar device.

E-liquid, e-juice or simply "juice" refers to a
liquid solution that produces an aerosol when
heated by an atomizer, The main ingredients of e-
liquids are usually a mix of propylene glycol (PG),
vegetable glycerin (VG), and/or polyethylene
glycol 400 (PEG400), sometimes with differing
levels of alcohol mixed with concentrated or
extracted flavorings; and optionally, a variable
concentration of tobacco-derived nicotine.

Section 3. Ban on Minors. It shall be prohibited to
sell e-cigarettes to minors, regardless of who will use or
consume the same.

Section 4. Health Warnings. Manufacturers of e-
cigarettes shall put health warnings in the packaging of
their products. The Department of Health shall prescribe
the standard for the size, content and other matters
regarding the health warning signs that said e-cigarettes
must bear.

Section 5. Restrictions on Advertising and
Flavorings for E-Cigarettes. The Department of Health
may impose restrictions and regulations regarding the
advertising and promotion of e-cigarettes to ensure that the
public are made aware of the actual nature of e-cigarettes
and are not mislead or misinformed regarding the product.
The said department may also impose restrictions on its
flavorings or composition as it deems necessary and
possible so as to reduce the ill effects of vaping and nicotine
addiction.


Section 6. Registration of New Manufacturers.
Companies who wish to manufacture or distribute e-
cigarettes in the Philippines shall first register the products
and their ingredients with the Bureau of Food and Drugs.

Section 7. Registration of Existing E-Cigarette
Manufacturers. Companies already manufacturing and/or
distributing e-cigarettes shall register the products and
their ingredients with the Bureau of Food and Drugs, within
six months from the effectivity of this Act.

Section 8. Taxation. Local government units are
allowed to levy reasonable taxes on the manufacturing, sale,
distribution or importation of e-cigarettes.

Section 9. Implementing Rules and Regulations.
The Department of Health shall promulgate the
Implementing Rules and Regulations to carry out the
provisions of this Act. Such rules and regulations shall take
effect upon their publication in three (3) newspapers of
general circulation.

Section 10. Repealing Clause. - All laws, presidential
decrees, letters of instructions, executive orders, rules and
regulations insofar as they are inconsistent with this Act,
are hereby repealed or amended as the case may be.

Section 11. Separability Clause. - In the event that
any provision of this Act or any portion thereof is declared
unconstitutional by a competent court, the other provisions
shall not be affected thereby and shall remain valid and
enforceable.

Section 12. Effectivity Clause. - This Act shall take
effect after its complete publication in at least three (3)
newspapers of general circulation.

APPROVED.