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

TWENTIETH CONGRESS
First Regular Session

3914

HOUSE BILL NO.

Introduced by Representative Jaime R. Fresnedi

EXPLANATORY NOTE

This bill seeks to amend Republic Act No. 11900 or the “Vaporized Nicotine and
Non-Nicotine Products Regulation Act”. It proposes to transfer the jurisdiction over vapes,
heated tobacco products (HTPs) and other imitation tobacco products from the Department of
Trade and Industry (DTI) to the Food and Drug Administration (FDA). The bill also aims to
prohibit the marketing and distribution of vapes, HTPs and other imitation tobacco products
online. Lastly, it further provides that the age by which these products may be increased from
eighteen (18) to twenty-one (21).

The Vape Law assigned the jurisdiction over vapes and heated tobacco products
(HTPs) to the Department of Trade and Industry (DTI). Under this set-up, the DTI is tasked
with the regulation of vape products and is to come up with the technical standards for safety,
consistency and quality of these products. Considering how vapes pose serious threats to
health, it should rightfully fall under a health agency who possesses the scientific expertise to
effectively regulate these products.

This bill also proposes that the online marketing and distribution of vape products be
prohibited as it is observed that the regulation of the sale of these products online is
ineffective. Many under the allowable age now carry around vape products due to how
readily available they have become through these channels. In fact, the DOH noted a 110%
increase in e-cigarette use among Filipino youth, from 11.7% in 2015 to 24.6% in 2019. The
Global Youth Tobacco Survey also found that 14%, or one in every seven students aged
13-15, use e-cigarettes, an age group below the legal limit.

The passage of Republic Act No. 11467, otherwise known as the Sin Tax Reform Act
of 2020 imposed taxes on vapes, HTPs and other tobacco products to discourage consumption
of these products due to health risks. The same law also provided that age of access to these
products should be to twenty-one (21). However, the enactment of Republic Act No. 11900
or the Vaporized Nicotine and Non-Nicotine Products Regulation Act quickly overturned the
progressive provisions of the regulations put forth in the Sin Tax Law as it lowered access
from twenty-one (21) to eighteen (18).


This regulation of vapes, HTPs and other novel tobacco products is not only a matter
of business or economy, but it is much rather a health issue that poses a grave risk to our
people, most especially the youth. Thus, these proposed amendments to the existing Vape
Law are crucial and will allow the State to fulfill its mandate in protecting the health of the
people.

In view of the foregoing, the immediate passage of this bill is earnestly sought.

JAIMI 4 EDI
Répresentative
Lone District, Muntinlupa City


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

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 3914

Introduced by Representative Jaime R. Fresnedi

AN ACT
AMENDING REPUBLIC ACT NO. 11900, OTHERWISE KNOWN AS “AN ACT
REGULATING THE IMPORTATION, MANUFACTURE, SALE, PACKAGING,
DISTRIBUTION, USE AND COMMUNICATION OF VAPORIZED NICOTINE AND
NON-NICOTINE PRODUCTS AND NOVEL TOBACCO PRODUCTS”

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

SECTION 1. Section 6 of Republic Act No. 11900 is hereby amended to read as
follows:

“Section 6. Minimum Age Sales and Purchase. — The minimum allowable age

for the purchase, sale and use of Vaporized Nicotine and Non-Nicotine Products

their devices, or Novel Tobacco Products shall be [eighteen (18)

TWENTY-ONE (21) years old.

It shall not be a defense for the person selling or distributing that he or she did not
know or was not aware of the real age of the purchaser. Neither shall it be a
defense that he or she did not know nor had any reason to believe that the product
was for the consumption of a person below [eighteen (18)] TWENTY-ONE (21)
years of age.”

Sec, 2. Section 7 of the same Act is hereby amended to read as follows:

“Section 7. Proof-of-Age Verification. — Retailers shall ensure that no individual
below [eighteen (18)] TWENTY-ONE (21) years of age is allowed to purchase
Vaporized Nicotine and Non-Nicotine Products, their devices, or Novel Tobacco
Products. It shall be the responsibility of retailers to verify the age of buyers. For
this purpose, the presentation of any valid government-issued identification card
exhibiting the buyer's photograph and age or date of birth shall be required
Retailers shall ensure direct delivery only to individuals who must be [eighteen
(18)] TWENTY-ONE (21) years old and above.”

Sec. 3. Section 8 of the same Act is hereby repealed.


Sec. 4, Let all the succeeding Sections be renumbered accordingly.
Sec. 5. Section 10 of the same Act is hereby amended to read as follows:

“Section 10. Point-of-Sale Signage. — Point-of-sale establishments offering,
selling, or distributing Vaporized Nicotine and Non-Nicotine Products shall post
the following statement in a clear and conspicuous manner

"The sale or distribution of Vaporized Nicotine and Non-Nicotine Products to or
by persons below [eighteen (18)] TWENTY-ONE (21) years of age is illegal
These products are harmful and contain nicotine which is a highly addictive
substance. It is not recommended for use by nonsmokers.” or "Ang pagbenta at
pagbili ng Vaporized Nicotine and Non-Nicotine Products sa at ng mga taong wala
pang flabingwalong (18)] DALAWAMPU’T ISANG taong gulang ay
pinagbabawal. Ang mga produktong ito ay nakakasama sa kalusugan at mayroong
nicotine, isang nakakalulong na kemikal. Hindi ito inirerekomenda na gamitin ng
mga hindi naninigarilyo."”

Sec. 6. Section 12 of the same Act is hereby amended to read as follows:

“Section 12. Product Communication Restrictions. -- Advertisement of
Vaporized Nicotine and Non-Nicotine Products, or Novel Tobacco Products and
other forms of consumer communication shall be allowed in points-of-sale or
retail establishments, through direct marketing|, and on the internet]: Provided,
That the following guidelines shall apply:

(a) These shall not be targeted to or particularly appeal to persons under [eighteen
(18)] TWENTY-ONE (21) years of age. Markings or characters that are likely to
appeal to the youth such as the use cartoons, anime, manga, animated characters.
youth influencers, personalities and the like are prohibited;

(b) xxx
(o) xxx
(d) xxx
(xxx
(Xxx
(g) xxx

“[(h) Online advertisements on e-commerce platforms shall only be visible after
the appropriate age verification measures under this Act;]

(i) xxx
G)xxx
(kK) xxx
(xxx

(m) x xx”


Sec. 8. Section 13(a) of the same Act is hereby amended to read as follows:

“Section 13. Restrictions on Vaporized Nicotine and Non-Nicotine Product or
Novel Tobacco Product Promotional Activities. — The following restrictions shall
apply to any promotional activity related to Vaporized Nicotine and Non-Nicotine
Products or Novel Tobacco Products:

(a) Promotional events and activities, such as, but not limited to, product sampling
or product offers, shall only be conducted by trained product experts and must be
directed only to person at least [eighteen (18)] TWENTY-ONE (21) years of age.
No person below [eighteen (18)] TWENTY-ONE (21) of age shall participate in
such promotions. The participants in such promotions shall be required to provide
proof of their age: Provided, That the invitation to these promotional events and
activities shall contain the appropriate health warnings;

(b)xxx

(xxx

(d)xxx

(e) xxx

(xxx

(g) xxx

(hy xxx

(i) xxx"

Sec. 9. Section 14 of the same Act is hereby amended to read as follows:

“Section 14. Restrictions on Sponsorship. — The following restrictions shall
apply to all Vaporized Nicotine and Non-Nicotine Product or Novel Tobacco
Product promotional sponsorships:

(a)xxx

(b) No person below [eighteen (18)] TWENTY-ONE years of age may participate
in sponsored events. The participants in the sponsored cvent shall be required to
provide proof of age. Invitations to these events shall contain the appropriate
health warnings;

(©) xxx
(d)xxx
(e)xxx
(xxx
(g) xxx
(h) xxx"


Sec. 10. Section 15 of the same Act is hereby amended to read as follows:

“Sec. 15. Use in Public Place. — The use of Vaporized Nicotine and
Non-Nicotine Products shall be prohibited in all indoor public places except in
DVAs, or in point-of-sale establishments for purposes of conducting product
demonstrations.

The use of Vaporized Nicotine and Non-Nicotine Products shall be absolutely
prohibited in the following public places:

(a) Centers of youth activity such as play schools, preparatory schools, elementary
schools, high schools, colleges and universities, youth hostels and recreational
facilities for persons under [eighteen (18)] TWENTY-ONE;

(b) xxx

()xxx

(d)xxx

()xxx

()xxx

(g)xxx

(h) xxx"

Sec. 11. Section 17 of the same Act is hereby amended to read as follows:

“Section 17. Standards for Designated Vaping Areas. — Designated Vaping Areas
(DVAs) shall comply with the following standards:

(a) Persons below [eighteen (18)] TWENTY-ONE of age shall not be allowed
within the DVA;

(b) Every DVA shall have the following signages highly visible and prominently
displayed:

(i) "Vaping Area" signage; and

(ii) Prohibition on entry of persons below [eighteen (18)] TWENTY-
years of age and pregnant women.

()xxx
(xxx
(e)xxx
()xxx
(g)xxx
(h) xxx

(xxx


G)xxx

(K) xxx

()xxx

Xxx”

Sec. 12. Section 18 of the same Act is hereby amended to read as follows:

“Section 18. Product Standard Requirements. — The [DT] FDA, in consultation
with the [FDA] STAKEHOLDERS, shall set technical standards for safety,
consistency, and quality of the products requiring registration in the immediately
succeeding section based on international standards: Provided, That no vapor
product with a nicotine content above sixty-five milligrams per milliliter
(6Smg/ml) shall be allowed to be sold in the market. The compliance with these
product standards shall be mandatory.

Sec. 13. Section 19 of the same Act is hereby amended to read as follows:

“Section 19. Product Registration. — All manufacturers and importers of the
following products shall register with the [DTI] FDA by submitting information
demonstrating conformity with Section 18 of this Act:

(a) HTP Consumable;

(b) HTP Device;

(c) Vapor Product Refill;

(d) Vapor Product Device; and
(c) Novel Tobacco Products.

Vaporized Nicotine and Non-Nicotine Products, Novel Tobacco Products, Heated
Tobacco Product Devices and Vapor Product Devices may be sold to the general
public after submission of the product registration requirements under this Act.

The [DTI] FDA, upon due process, may order the immediate recall, ban or seizure
from public sale or distribution of Vaporized Nicotine and Non-Nicotine Products,
HTP Devices, Vapor Product Devices, and Novel Tobacco Products for failure to
comply with this section in relation to Section 18 of this Act.

Only duly registered Vaporized Nicotine and Non-Nicotine Products or their
devices, or Novel Tobacco Products with the applicable graphic health warnings
are allowed to be sold, advertised or distributed through whatever means.

[For online sales, the Secretary of the DTI, upon due process, shall have the power
to issue an order directing that a noncompliant website, webpage, online
application, social media account, or other similar platform be taken down and
preventing online sellers, which are noncompliant with the registration
requirements provided under this Act, from selling online. The Secretary of the
DTI shall order the immediate recall, ban or seizure from public sale or
distribution of noncompliant Vaporized Nicotine and Non-Nicotine Products or
their devices, and Novel Tobacco Products as provided under this section. The


DTI and the BIR shall also maintain a list on their website, to be updated monthly.
of brands of Vaporized Nicotine and Non-Nicotine Products and Novel Tobacco
Products registered with the DTI and the BIR that are eligible to be sold online.

Intemet websites and/or e-commerce and/or other similar media selling platform
providers shall only allow duly registered online sellers or retailers with the DT!
and the BIR]

Sec. 14. Section 21 of the same Act is hereby amended to read as follows:

“Section 21. Jurisdiction. — The [DTI] FDA shall have exclusive jurisdiction
over any and all issues, requirements, and subject matters related to Vaporized
Nicotine and Non-Nicotine Products, and their devices, as well as Novel Tobacco
Products, which are provided for in this Act.”

Sec. 15. Section 23 of the same Act is hereby amended to read as follows:
“Section 23. Penalties for Non-compliance. — The following penalties shall
apply:

(a) xxx

(b)xxx

()xxx

(d)xxx

[Online sellers and dJDistributors of Vaporized Nicotine and Non-Nicotine
Products or Novel Tobacco Products [and online platforms] that are noncompliant
with Section 8 of this Act shall be ordered by the [DTI] FDA to immediately
suspend trading of such products and shall be liable for the fines and penalties
imposed under this section. Suspension shall continue until the manufacturer,

seller, distributor or online platform has complied with the requirements provided
under Section 8 of this Act.

Xxx’

Section. 16. Repealing Clause. ~ Any provision of law, Presidential Decree, Executive

Orders, rules and regulations contrary to the provisions of this Act is hereby repealed or

modified accordingly.
Section. 17. Effectivity. — This Act shall take effect fifteen (15) days after its complete

publication in the Official Gazette or in at least two (2) newspapers of general circulation,

whichever comes earlier.

Approved,