Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _______ 
____________________________________________________________________ 
Introduced by HON. JOSEPH “JOJO” L. LARA 
____________________________________________________________________ 
EXPLANATORY NOTE 
Tobacco use is the leading cause of preventable death and is estimated to kill more 
than 5 million individuals each year worldwide and an estimated 80% of the world’s 
one billion smokers live in low and middle income countries like the Philippines, data 
from the World Health Organization shows.  
Smoking leads to disease and disability and harms nearly every organ of the body. It 
can cause cancer, heart disease, stroke, lung diseases, diabetes, and chronic 
obstructive pulmonary disease (COPD), which includes emphysema and chronic 
bronchitis. Smoking also increases risk for tuberculosis, certain eye diseases, and 
problems of the immune system, including rheumatoid arthritis. 
The Philippines is one of 15 countries worldwide with a heavy burden of tobacco-
related ill health. Annually, 87,600 Filipinos die from tobacco-related diseases. 
Tobacco costs the country Php 188 billion (US$ 4 billion) annually for healthcare 
expenditures, not to mention the grief it brings to the affected families.  
Recognizing the fact that smoking and tobacco use as a public health priority, 
measures should be taken to minimize or deter its use by the general public. 
Numerous campaigns and programs have been painstakingly orchestrated by the 
Government and the private sector as well, to discourage or altogether stop smoking. 
In recent years, vaping and electronic cigarettes are now becoming the trend. 
Generally classified as Electronic Nicotine Delivery Systems (ENDS), these devices 
have penetrated the local market and have become popular especially among the 
younger generation. The manufacturers and distributors mask these products as safe 
and as healthier options to actual tobacco and cigarette use. Without inhaling and 
exhaling real tobacco smoke, enthusiasts of this practice claim that these devices 
actually help smokers quit their habit more easily by saving them the torture of the 
effects of withdrawal. 
August 1, 2022
5:12 pm
2939


While the use of ENDS such as electronic cigarettes/e-cigs, vaping devices, and the 
like seem relatively harmless and better compared to smoking the real thing, there is 
still no conclusive nor validated study to back up these claims. Several research on 
ENDS show that these devices are not totally risk-free and may in fact provide more 
damage to one's health in the long run due to the presence of chemicals and other 
harmful substances in the "juices" that are being utilized in "vaping". While some 
manufacturers claim that their "juices" contain 0% nicotine, further studies proved 
otherwise. Nicotine is still being induced by the user through these devices thus 
making their use highly addictive as well. While there may be vapors or scented aroma 
instead of smoke or foul odor to speak of, the telltale effects of "vaping" and use of 
"e-cigarettes" are nonetheless the same as cigar or cigarette smoking.  
Currently, there are no laws regulating the use of ENDS and has apparently 
circumvented Republic Act No. 9211, otherwise known as the Tobacco Regulation Act 
of 2003. This bill aims to remedy this loophole and make sure that regulations are set 
in place as well as penalties for non-compliance.  
In view of the foregoing, immediate approval of this bill is earnestly sought. 
JOSEPH “JOJO” L. LARA 


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _______ 
____________________________________________________________________ 
Introduced by HON. JOSEPH “JOJO” L. LARA 
____________________________________________________________________ 
AN ACT 
REGULATING 
THE 
MANUFACTURE, 
USE, 
SALE, 
PACKAGING, 
DISTRIBUTION, ADVERTISEMENT AND PROMOTION OF ELECTRONIC 
NICOTINE AND NON-NICOTINE DELIVERY SYSTEMS, HEATED TOBACCO 
PRODUCTS, AND NOVEL TOBACCO PRODUCTS 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. – This Act shall be known as the "Non-Combustible Nicotine 
Delivery Systems Regulation Act." 
SECTION 2. Declaration of Policy. – It is the policy of the State to protect and 
promote the right to health of the people and instill health consciousness among 
them. Pursuant thereto, the government shall regulate the manufacture, importation, 
sale, distribution, use, advertisement, promotion, and sponsorship of electronic 
nicotine and non-nicotine delivery systems (ENDS/ENNDS), heated tobacco products 
(HTPs), and novel tobacco products in order to promote a healthy environment and 
protect the citizens from any hazard of ENDS/ENNDS, HTPs, and novel tobacco 
products. 
It is further declared the policy of the State to consider harm reduction measures as 
a public health strategy by ensuring that non-combustible alternatives to cigarettes 
are properly regulated. 
SECTION 3. Definition of Terms. – As used in this Act: 
a) Aerosolizing refers to the act of using HTPs;
b) Advertising refers to conceptualizing, presenting, making available and
communicating to the public, through any form of media platform, any fact,
data, or information about the attributes, features, quality or availability of
consumer products, services, or credit. Advertising shall be understood as
ENDS/ENNDS, HTP, or novel tobacco product advertising;
2939


 
c) Child-resistant canister refers to a container constructed such that it can be 
opened only by operating, puncturing, or removing one of its functional and 
necessary parts using a tool that is not supplied with the container; 
 
d) Designated Vaping Area (DVA) refers to an area where the use of 
ENDS/ENNDS, HTPs, and novel tobacco products shall be allowed, which may 
be in an open space or separate area with proper ventilation. Smoking shall 
not be allowed in DVAs; 
 
e) Distributor refers to any person to whom ENDS/ ENNDS, HTPs, or novel 
tobacco products is delivered to or sold for purposes of distribution in 
commerce, except that such term does not include a manufacturer or retailer 
or common carrier of such product; 
 
f) Electronic Nicotine and Non-Nicotine Delivery Systems (ENDS/ENNDS) refer to 
devices or a combination of devices, often resembling cigarettes, cigars or 
pipes, containing a receptacle designed to hold liquid or solid particles and a 
battery-powered or electronic heating device used to heat the liquid or solid 
particles, which may or may not contain nicotine, to produce an aerosol, mist, 
or vapor that users inhale by mimicking the act of smoking; 
 
g) Electronic liquid or e-liquid, refill, or juice refers to articles which may or may 
not contain nicotine, designed to be used in conjunction with ENDS/ENNDS for 
inhalation; 
 
h) Emissions refer to substances that are released when a product is consumed 
as intended, such as substances found in cigarette smoke, or the aerosol, mist, 
or vapor generated by ENDS/ENNDS, HTPs, or novel tobacco products; 
 
i) Heated tobacco products (HTPs) or "Heat-not-burn" products (HNBs) refer to 
tobacco products that are consumed by heating tobacco, either electronically 
or through other means, sufficient to release an aerosol that can be inhaled, 
without burning or combusting the tobacco. HTPs or HNBs include liquid 
solutions and gels that are part of the product and are heated to generate an 
aerosol; 
 
j) Ingredient refers to any substance that is added to the mixture and present in 
the finished product 
 
k) Manufacturer refers to an establishment engaged in any and all operations 
involved in the production of ENDS/ENNDS, HTPs, or novel tobacco products 
including preparatory processing, compounding, formulating, filling, refilling, 
packaging, repackaging, altering, ornamenting, finishing, and labeling with the 
end in view of its storage, sale, or distribution; 
 
l) Nicotine refers to nicotinic alkaloids, including any salt or complex of nicotine 
whether derived from tobacco or synthetically produced; 
 


 
m) Nicotine Mixture refers to the nicotine-containing liquid, solid or other non-
tobacco substance in a heated tobacco product; 
 
n) Nicotine Shot refers to nicotine in liquid or any other form that is added to or 
mixed with e-liquids that has the effect of increasing the dosage or nicotine 
content of an e-liquid; 
 
o) Novel tobacco product refers to all substances, devices, and innovations either 
made partly of tobacco leaf as raw material or containing nicotine from 
tobacco, already existing or to be developed in the future, intended to be used 
as substitute for cigarettes, conventional tobacco products, ENDS/ENNDS or 
HTPs; 
 
p) Package refers to any material, including printed material, packs, boxes, 
cartons, or containers of any kind in which ENDS/ENNDS, 
q) HTPs, or novel tobacco products are contained in, which is offered for sale to 
consumers and excludes any outer packaging used for transportation or 
shipment; 
 
r) Principal display surface refers to the panel of the package that faces the 
consumer when displayed for sale; 
 
s) Promotion refers to an event or activity organized by or on behalf of an 
ENDS/ENNDS, HTP, or novel tobacco product manufacturer, importer, 
distributor, seller or retailer with the aim of promoting a brand of ENDS/ENNDS, 
HTP, or novel tobacco product, which event or activity would not occur but for 
the support given to it by or on behalf of the ENDS/ENNDS, HTP, or novel 
tobacco product manufacturer, importer, distributor, seller or retailer. It may 
also refer to the display of an ENDS/ENNDS, HTP, or novel tobacco product or 
manufacturer's name, trademark, logo, and the like on non-ENDS/ ENNDS, 
non-HTP, or non-novel tobacco products at such events or to otherwise 
promote the sale or use of the products. This includes the paid use of 
ENDS/ENNDS, HTPs, or novel tobacco products bearing the brand names, 
trademarks, tradenames, logos, and the like in movies, television, and other 
forms of entertainment. Promotion shall be understood as ENDS/ENNDS, HTP, 
or novel tobacco product promotion; 
 
t) Refill container refers to any material, bottle, or container that holds and is in 
direct contact with an e-liquid or nicotine mixture that is intended to be used 
in conjunction with ENDS/ENNDS; 
 
u) Retailer refers to any establishment which sells or offers to sell any 
ENDS/ENNDS, HTP, or novel tobacco product directly to the general public; 
 
v) Sponsorship refers to any public or private contribution from a third party in 
relation to an event, team, or activity made with the aim of promoting a brand 
of ENDS/ENNDS, HTPs, or novel tobacco products, which event, team, or 


 
activity would still exist or occur without such contribution. Sponsorship shall 
be understood as ENDS/ENNDS, HTP, or novel tobacco product sponsorship; 
 
w) Tamper-resistant refers to the quality of a product that assures its safety from 
tampering, alteration, or corruption, usually through the presence of one or 
more features in its packaging which, if breached or missing, can reasonably 
be expected to provide visible evidence that the product or its packaging has 
been opened; 
 
x) Vape-free Buffer Zone or Buffer Zone refers to a ventilated area between the 
door of a designated vaping area not located in an open space and a vape-
free area. There shall be no opening that will allow air to escape from the 
buffer zone to the vape-free area, except for a single door equipped with an 
automatic door closer. Such door should be distinct from the door of the 
designated vaping area, which shall be at least two (2) meters away from the 
other; 
 
y) Vaping refers to the act of using ENDS/ENNDS; and 
 
z) Vapor Products refer to ENDS/ENNDS which are combinations of a liquid 
solution or gel that transforms into aerosol without combustion through the 
employment of a mechanical or electronic heating element, battery, or circuit 
that can be used to heat such solution or gel, and includes a cartridge, tank, 
and the device without a cartridge or tank. It is commonly known as nicotine 
salt/ salt nicotine, and conventional "freebase" or "classic" nicotine, and other 
similar products: Provided, That all vapor products shall be covered by this Act 
regardless of nicotine content. 
 
SECTION 4. Packaging and Health Warnings. – All manufacturers, importers, 
and distributors duly authorized to sell ENDS/ENNDS refills and HTP consumables shall 
comply with the following packaging requirements: 
 
a) The unit packaging or any outside packaging of ENDS/ENNDS refills or HTP 
consumables shall bear the prescribed textual warning that shall be printed on 
thirty percent (30%) of the bottom portion of the principal display surfaces of 
the product and shall occupy thirty percent (30%) of the front and thirty 
percent (30%) of the back panel of the packaging. The text of the warning 
shall appear in clearly legible type in black text on a white background with a 
black border and in contrast by typography, layout, or color to the other printed 
materials on the package. The health warning shall occupy a total area of less 
than fifty percent (50%) of the total warning frame; 
 
b) The internal revenue fiscal marking requirements under Republic Act No. 8424 
or the National Internal Revenue Code, as amended, and other related 
regulations, whenever applicable, shall be complied with; and 
 
c) The prescribed textual warning for the unit packaging or any outside packaging 
of ENDS/ENNDS refills or HTP consumables shall be the following: "THIS 


 
PRODUCT IS NOT RISK-FREE. IT CONTAINS NICOTINE WHICH IS A HIGHLY 
ADDICTIVE SUBSTANCE. IT IS NOT RECOMMENDED FOR USE BY NON-
SMOKERS." 
 
SECTION 5. Tamper-resistant and Child-resistant Design. – All e-liquid 
receptacles shall be child-resistant, tamper-resistant, and shall be protected against 
breakage and leakage. 
 
SECTION 6. Minimum Age Sales and Purchase. – The minimum allowable age 
for the purchase, sale, and use of ENDS/ENNDS, HTPs, or novel tobacco products 
shall be eighteen (18) years old. 
 
It shall not be a defense for the person selling or distributing ENDS/ENNDS, HTPs, or 
novel tobacco products for the lack of information on the real age of the purchaser, 
or that the products was for the consumption of a person below eighteen (18) years 
old. 
 
SECTION 7. Proof of Age Verification. – Retailers shall ensure that no individual 
purchasing ENDS/ENNDS, HTPs, or novel tobacco products is below eighteen (18) 
years old. Retailers shall verify the age of all buyers by requiring the presentation of 
any valid government-issued identification card exhibiting the buyer's photograph and 
age or date of birth. 
 
SECTION 8. Online Trade. – The sale or distribution of ENDS/ENNDS, HTPs, or 
novel tobacco products through internet websites or via e-commerce and other similar 
media shall be allowed: Provided, That the seller or distributor shall adopt measures 
to ensure that access to a website via the internet, an e-commerce platform or other 
similar media shall be restricted to persons eighteen (18) years old or older: Provided, 
further, That the website shall bear the signages required under this Act. 
 
A website or e-commerce platform or other similar media are 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 the person is at least eighteen (18) 
years of age. Provided, further, That the sale or distribution of vaporized nicotine 28 
products through internet website or via e-commerce and/or other similar media shall 
only be made by online sellers, distributors, or accredited resellers registered with the 
DTI or SEC, and the products being sold and advertised online shall be compliant with 
the health warning requirements indicated herein, as well as the BIR-prescribed tax 
stamp or other fiscal marks. 
 
The Secretary of Trade and Industry, upon due notice and hearing, 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. 
 
SECTION 9. Floor Price. – The Bureau of Internal Revenue is mandated to issue a 
revenue regulation prescribing the floor price or the minimum price of Vaporized 
Nicotine and Other Non-Combustible Nicotine Products, taking into account the sum 
of their excise tax, value-added tax, and a reasonable production cost. 


 
 
SECTION 10. Sales within School Perimeters. – The sale or distribution of 
ENDS/ENNDS, HTPs, or novel tobacco products within one hundred (100) meters from 
any point of the perimeter of a school, playground, or other facility frequented by 
minors shall be prohibited. 
 
SECTION 11. Point-of-Sale Signage. – Point-of-sale establishments offering, 
selling, or distributing ENDS/ENNDS, HTPs, or novel tobacco products shall post the 
following statement in a clear and conspicuous manner: "SALE/DISTRIBUTION TO OR 
PURCHASE BY PERSONS BELOW EIGHTEEN (18) YEARS OF AGE IS UNLAWFUL" or 
"IT IS UNLAWFUL FOR ENDS/ENNDS, HTPs, OR NOVEL TOBACCO PRODUCTS TO BE 
SOLD/DISTRIBUTED TO OR PURCHASED BY PERSONS UNDER EIGHTEEN (18) YEARS 
OLD" or "BAWAL MAGBENTA NG ENDS/ENNDS, HTP, O NOVEL TOBACCO PRODUCTS 
SA MCA TAONG WALA PANG LABINGWALONG (18) TAONG GULANG." 
 
SECTION 12. Product Communication Restrictions. – Advertisements shall be 
allowed in retailer establishments, through direct marketing, and on the internet. 
These shall not be aimed at or particularly appeal to persons under eighteen (18) 
years of age. These should not undermine quit-smoking messages and should not 
encourage non-tobacco and non-nicotine users to use ENDS/ENNDS, HTPs, or novel 
tobacco products. These should not contain any information that is untrue in particular 
with regard to product characteristics, health effects, risks, or emissions. 
 
SECTION 13. Restrictions on ENDS/ENNDS, HTP, and Novel Tobacco 
Product Promotions. – The following restrictions shall apply on all ENDS/ENNDS, 
HTP, and novel tobacco product promotions: 
 
(a) Promotions must be directed only to persons at least eighteen (18) years old. 
No person below eighteen (18) years old may participate in such promotions. 
The participants in promotions must be required to provide proof of age; 
 
(b) Communications to consumers about ENDS/ENNDS, HTP, and novel tobacco 
product promotions shall comply with the provisions of this Act governing 
ENDS/ENNDS, HTP, and novel tobacco product advertising. In addition to the 
required health warning, the age requirement for participation in any promotion 
must be clearly marked on the program materials distributed to consumers; 
 
(c) All stalls, booths, and other displays concerning ENDS/ENNDS, HTP, and novel 
tobacco product promotions must be limited to point-of-sale locations or adult-
only facilities; 
 
(d) Telephone, mobile, or electronic communications concerning promotional 
offers, programs or events must include a recorded health warning message in 
English or Filipino consistent with the warnings specified in this Act; 
 
(e) No placement shall be made by any manufacturer, distributor, or retailer of 
any ENDS/ ENNDS, HTP, or novel tobacco product or ENDS/ENNDS, HTP, or 
novel tobacco product package or advertisement as a theatrical property or 


 
prop in any television program or motion picture produced for viewing by the 
general public or in a video, media storage device, or on video game machine; 
 
(f) No merchandise such as t-shirts, caps, sweatshirts, visors, backpacks, 
sunglasses, writing implements and umbrellas may be distributed, sold, or 
offered, directly or indirectly, with the name, logo, or other markings of an 
ENDS/ENNDS, HTP, or novel tobacco product brand displayed so as to be 
visible to others when worn or used; 
 
(g) No name, logo, or other markings of an ENDS/ENNDS, HTP, or novel tobacco 
product brand or element of a brand-related marketing activity may appear on 
items that are marketed to or likely to be used by minors such as sports 
equipment, toys, dolls, miniature replicas of racing vehicles, video games, and 
food. The manufacturer or company must take all available measures to 
prevent third parties from using the company's brand names, logos, or other 
proprietary material on products that are directed toward minors; and 
 
(h) No ENDS/ENNDS, HTP, or novel tobacco product advertisements may be 
placed on shopping bags. 
 
SECTION 14. Ban on Sponsorships. – ENDS/ENNDS, HTP, and novel tobacco 
product companies are hereby prohibited from sponsoring any sport, concert, cultural 
or art event, as well as individual and team athletes, artists or performers where such 
sponsorship shall require or involve the advertisement or promotion of any 
ENDS/ENNDS, HTP, or novel tobacco product company, ENDS/ENNDS, HTP, or novel 
tobacco product use, name, logo or trademarks and other words, symbols, designs, 
colors or other depictions commonly associated with or likely to identify an ENDS/ 
ENNDS, HTP, or novel tobacco product: Provided, That the attribution only to the  
name of the company in the roster of sponsors shall be allowed. 
 
SECTION 15. Use of ENDS/ENNDS, HTPs, and Novel Tobacco Products in 
Public Places. – The use of ENDS/ENNDS, HTPs, and other novel tobacco products 
that emit vapor shall be prohibited in all enclosed public places except in DVAs. The 
use of these products are also absolutely prohibited in the following public places: 
 
(a) Centers of youth activity such as playschools, preparatory schools, elementary 
schools, high schools, colleges and universities, youth hostels and recreational 
facilities for persons under eighteen (18) years old; 
 
(b) Elevators and stairwells; 
 
(c) Locations in which fire hazards are present, including gas stations and storage 
areas for flammable 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; 
 


 
(e) Within the building and premises of government offices, except for designated 
vaping areas; 
 
(f) Public conveyances and public facilities including airport and ship terminals, 
train and bus stations, restaurants, and conference halls, except for designated 
vaping areas; and 
 
(g) Food preparation areas. 
 
For purposes of this section, public places refer to enclosed or confined areas of all 
hospitals, medical clinics, schools, public transportation terminals and offices, and 
buildings such as private and public offices, recreational places, shopping malls, movie 
houses, hotels, restaurants, and the like, while 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. 
 
SECTION 16. Standards for DVAs. — DVAs shall comply with the following 
standards: 
 
(a) There shall be no opening that will allow air to escape from the DVA to the 
vape-free area of a building or conveyance, except for a single door equipped 
with an automatic door closer: Provided, That if the DVA is not located in an 
open space, such door shall open directly towards a buffer zone; 
 
(b) They shall not be located within ten (10) meters of entrances, exits or any 
place where people pass or congregate, or in front of air intake ducts; 
 
(c) The combined area of the DVA and the buffer zone shall not be larger than 
twenty percent (20%) of the total floor area of the building or conveyance: 
Provided, That in no case shall such be less than ten (10)  
square meters; 
 
(d) No building or conveyance shall have more than one DVA: Provided, That 
persons in charge of the building or conveyance have the option of establishing 
one designated smoking area as defined under Republic Act No. 9211, 
otherwise known as the "Tobacco Regulation Act of 2003", and one DVA 
therein, subject to the same standards under this section, with a combined area 
not exceeding twenty percent (20%) of the total floor area of the building or 
conveyance; 
 
(e) The ventilation system for the DVA other than in an open space and for the 
buffer zone shall be independent of all ventilation systems servicing the rest of 
the building or conveyance; 
 
(f) Persons below eighteen (18) years of age shall not be allowed within the DVA 
and the buffer zone; and 
 


 
(g) 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) years old. 
 
 
Nothing in this Act shall compel owners, administrators, or persons-in-charge to 
establish D VAs or prevent them from instituting more stringent measures in 
regulating the use of ENDS/ENNDS, HTPs, or novel 
tobacco products within their 
premises. 
 
SECTION 17. Product Standard Requirements for ENDS/ENNDS. – The 
Department of Trade and Industry (DTI), in consultation with the FDA, shall set 
standards for market entry notification and standards on flavors and additives used 
in the manufacture of e-liquids and refills, as well as on electronic components of 
ENDS/ENNDS, guided by the following: 
 
(a) Nicotine salt products shall have a maximum of two milliliters (2 29 ml.)-sized 
tank with a maximum of sixty-five milligrams per milliliter (65mg/ml) of 
nicotine. Nicotine salt products that have a nicotine content of up to sixty-five 
milligrams per milliliter (65mg./ml.) shall be classified as consumer products: 
Provided, that nicotine salt products should not deliver a level of nicotine in the 
aerosol in excess of the level of nicotine in the smoke of a reference cigarette 
over the same number of comparable puffs; 
 
(b) Freebase products shall have a maximum of five milliliters (5 ml.) tank with a 
maximum of fifty milliliters (50 ml.) refill package, and a maximum of sixty-five 
milligrams per milliliter (65mg./ml.) of nicotine. Freebase products that have a 
nicotine content of up to sixty-five milligrams per milliliter (65mg./ml.) shall be 
classified as consumer products: Provided, that freebase products should not 
deliver a level of nicotine in the aerosol in excess of the level of nicotine in the 
smoke of a reference cigarette over the same number of comparable puffs; 
 
(c) The substances listed below may not be added ENDS/ENNDS: 
(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) Only ingredients of high purity shall be used in the manufacture of the nicotine-
containing liquid. Except for nicotine, only ingredients that do not pose risk to 
human health in heated or unheated form shall be used in the nicotine-
containing liquid; 
 
(e) Producers of electrical devices intended to be used in combination with 
ENDS/ENNDS shall ensure that such devices comply with the applicable 
electrical safety standards as may be determined by the Bureau of Product 
Standards of the DTI; 
 
(f) Batteries must comply with applicable industry requirements as may be 
determined by the Bureau of Product Standards of the DTI; 
 
(g) All ingredients in the product should be listed on the label where they are used 
in quantities of O. 1% or more of the final formulation of the e-liquid. Where 
a flavor ingredient contains several component chemicals, it can be described 
on the label by the name of the flavor. For confidentiality reasons, companies 
may choose to describe individual ingredients used in quantities below O. 1% 
of the final formulation by category; 
 
(h) A full list of ingredients in the flavoring must be included in notifications 
through the DTI; 
 
(i) Nicotine, propylene glycol, and glycerol used in the manufacture of the e-liquids 
shall meet the requirements of either the European or American 
Pharmacopoeia and other ingredients in the manufacture of the e-liquids, such 
as flavors, shall be of food grade; and 
 
(j) Packs shall include an information leaflet about safe use of the product. This 
shall also include appropriate advice on product storage, particularly on how 
to ensure the battery does not malfunction. Except for plain fruit flavors, nuts, 
coffee, tea, vanilla, caramel, tobacco, menthol, and mint, flavored e-liquids 
shall be prohibited. 
 
 
SECTION 18. Product Standard Requirements for HTPs. – The DTI, in 
consultation with the National Tobacco Administration (NTA) and the Food and Drug 
Administration (FDA), shall set standards on HTPs with regard to consumables and 
the electronic components used in conjunction therewith, guided by the following 
requirements: 
 


 
(a) Manufacturers of electrical devices intended to be used in combination with 
HTPs shall ensure that such devices do not combust or burn the tobacco 
mixture in HTPs; 
 
b) Manufacturers of electrical devices intended to be used in combination with 
HTPs shall ensure that such devices comply with the applicable safety 
standards as may be determined by the Bureau of Product Standards of the 
DTI; 
 
(c) Batteries must comply with applicable industry requirements as may be 
determined by the Bureau of Product Standards of the DTI; and  
 
(d) The substances listed below may not be added to the tobacco mixture in HTP 
consumables: 
 
(i) Additives, other than tobacco, 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 and vitality; 
 
(iv) Additives having coloring properties for emissions; 
 
(v) Ethylene glycol; 
 
(vi) Diethylene glycol; 
 
(vii) Diacetyl; and 
 
(viii) 2,3-pentanedione. 
 
SECTION 19. Restriction on the Retail and Sale of Nicotine Shots. – The retail 
or use of nicotine shots or concentrates shall be strictly prohibited. 
 
SECTION 20. Role of the Department of Trade and Industry, the Food and 
Drug Administration, the National Tobacco Administration, and Other 
Concerned Agencies. – The DTI, in consultation with the FDA, the National Tobacco 
Administration (NTA), and other concerned agencies, shall promulgate rules, 
regulations, and standards, consistent with the provisions of this Act, on packaging, 
ingredients, health warnings, detailed information on the allowable nicotine-
containing e-liquid, the strength of e-liquids, compliance with applicable electrical 
standards as well as with applicable industry standards for batteries. 
 


 
The DTI shall, in coordination with the FDA, monitor closely the compliance of 
manufacturers, importers, distributors, and retailers with this Act through surveillance 
inspections and investigations. 
 
SECTION 21. Role of Local Government Units. – The cities and municipalities 
shall adopt ordinances consistent with this Act to assist the relevant national 
government agencies in the effective implementation of the provisions thereof, 
including the apprehension of violators and the institution of criminal proceedings. 
 
SECTION 22. Penalties for Noncompliance. – The following penalties shall apply 
individually to manufacturers, importers, distributors, and sellers of ENDS/ENNDS, 
HTPs, or novel tobacco products as well as their agents for any violation of this Act: 
 
(a) On the first offense, a fine of not more than Five hundred thousand pesos 
(P500,000.00); 
 
(b) On the second offense, a fine of not more than Seven hundred fifty thousand 
pesos (P750,000.00); and 
 
(c) On the third offense, a fine of not more than One million pesos (P 
1,000,000.00) or 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. 
Noncompliant ENDS/ENNDS, HTPs, and novel tobacco products found in the 
market for sale or distribution shall be subject to confiscation. 
 
If the guilty officer of a manufacturer, importer, distributor, or seller of ENDS/ENNDS, 
HTPs, or novel tobacco products, or their agents, is a foreign national, the officer 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 reentering 
the Philippines. 
 
SECTION 23. Congressional Oversight Committee on ENDS/ENNDS, HTPs, 
and Novel Tobacco Products. – A Congressional Oversight Committee on 
ENDS/ENNDS, HTPs, and novel tobacco products (COC-ENDS/ENNDS, HTPs and 
NTPs) is hereby constituted to monitor and review the implementation of this Act for 
a period not exceeding three (3) years. The COC-ENDS/ENNDS, HTPs and NTPs shall 
be composed of the Chairpersons of the Senate Committees on Health, Trade and 
Commerce, Agriculture, and Public Information, and the House of Representatives 
Committees on Trade and Industry, Health, Public Information, and Agriculture, and 
a Member of the House of Representatives representing the tobacco producing 
provinces, to be nominated by a majority of the Members of the House of 
Representatives from tobacco producing districts. The Secretariat of the COC-
ENDS/ENNDS, HTPs and NTPs shall be drawn from the existing secretariat personnel 
of the standing committees comprising the Congressional Oversight Committee and 
its funding requirements shall be charged against the appropriations of both the House 
of Representatives and Senate of the Philippines. 
 


 
SECTION 24. Implementing Rules and Regulations. – Within ninety (90) days 
from the date of the effectivity of this Act, the DTI shall, in consultation with the 
Department of Health (DOH), NTA and other relevant government agencies, issue the 
rules and regulations for the implementation of this Act. 
 
SECTION 25. Usage of Local Tobacco Products. – Manufacturers are encouraged 
to use local tobacco products for e-liquids and HTPs sold in the Philippines. 
 
SECTION 26. Appropriations. – The amount necessary to implement the 
provisions of this Act shall be charged against the current year's appropriations of the 
concerned national government agencies. Thereafter, such funds as may be 
necessary for the continued implementation of this Act shall be included in the 
budgets of the concerned national government agencies under the annual General 
Appropriations Act. 
 
SECTION 27. Transitory Provisions. – Existing industries and businesses affected 
by the implementation of this Act shall be given an eighteen (18) month transitory 
period from the effectivity of the implementing rules and regulations of this Act to 
comply with the requirements herein. 
 
SECTION 28. Separability Clause. – If any provision or any part hereof is held 
invalid or unconstitutional, the remainder of the law or the provisions not otherwise 
affected shall remain valid and subsisting. 
 
SECTION 29. Repealing Clause. – Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rule, or regulation contrary 
to or inconsistent with the provisions of this Act is hereby repealed, modified, or 
amended accordingly. 
 
SECTION 30. Effectivity. – This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in a newspaper of general circulation. 
 
Approved,