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

EIGHTEENTH CONGRESS:
Second Regular Session

House BiLt no? _7129

Introduced by ANG PROBINSYANO
Party-List Representative Alfred Delos Santos

EXPLANATORY NOTE

During the past few years, we have seen a rise on the use of products advertised
as alternatives to conventional cigarettes. We now have vape, e-cigarretes, heated
tobacco products (HTP) and other novel tobacco products. Due to the
proliferation of use of these products, many studies have been conducted on its
safety and effect on health since there are some being advertised as a less
dangerous option compared to conventional cigarettes or as a way to slowly wean
off of cigarette use.

Based on the 2016 Report of the World Health Organization (WHO), the use of
both adulterated and unadulterated electronic nicotine and non-nicotine delivery
systems (ENDS/ENNDS) triggers several significant pathological changes and
long-term use of these products increases the user’s risk of acquiring lung
cancer, chonic pulmonary disease, among others. The Center for Disease Control
likewise found an increase in cases of lung injuries due to ENDS/ENNDS use as.
of January 21, 2020.! These and many other studies found certain carcinogenic
chemicals and components that cause throat and lung irritation among others.

Many other countries have recognized the potential health effects of vape, HTPs
and novel tobacco products. Twenty two (22) countries have banned it, while six
(6) countries imposed restrictions on its sale and use.?

Thus, in line with the State policy of promoting the right to health of the people
and instilling health consciousness among them as provided in our Constitution,

+ Centers for Disease Control and Protection, “Outbreak of Lung Injury Associated with the Use of E-Cigarette, or
Vaping, Products,” available at https://www.cde.gov/tobacco/basic_information/e-cigarettes/severe-lung-
disease. html

2 Emily Payne, “UP IN SMOKE: Vaping is banned in countries like Mexico and Thailand — here are the countries,
where its illegal or restricted,” The Sun, January 22, 2020, available at

http://www thesun.co.uk/travel/4289492/countries-vaping-banned-explained/.


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this representation believes that a law regulating the sale, use, and
advertisement of vape and similar products is proper. Regulation is required in
order to ensure that the detrimental effects on health is lessened and to decrease
the number of people being encouraged to try vaping. Regulation is also
necessary to avoid sale of vape products to minors who are vulnerable to peer
suggestions and trendy advertising. Lastly, this bill seeks to ensure that the
health and wellness of Filipinos are protected through effective regulation of
vaping.

It is for the foregoing reasons that the passage of this bill is earnestly sought.

FEE

ALFRED C. DELOS SANTOS
Representative, Ang Probinsyano Partylist


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

EIGHTEENTH CONGRESS
Second Regular Session

House BLL No.’ 7129

Introduced by ANG PROBINSYANO
Party-List Representative Alfred Delos Santos

AN ACT
REGULATING THE PACKAGING, USE, SALE, DISTRIBUTION, AND
ADVERTISEMENT OF ELECTRONIC NICOTINE/NON-NICOTINE DELIVERY
SYSTEMS (ENDS/ENNDS), HEATED TOBACCO PRODUCT (HTP), AND
NOVEL TOBACCO PRODUCTS

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

SECTION 1. Short Title. - This Act shall be known as the “Vape Regulation
Act of 2020.”

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. It is likewise the policy of the state to protect and advance the right
of the people to a balanced and healthful ecology in accord with the rhythm and
harmony of nature.

SECTION 3. Definition of Terms. - For the purpose of this Act, the following
terms shall mean:

a) “Advertisement” shall mean any visual and/or audio message
through words, images, or any other means disseminated to the
public about a particular product through broadcast, print or
electronic means of mass media, including outdoor advertisements.
For purposes of this Act, advertisement shall particularly pertain to
HTP, ENDS/ENNDS, and novel tobacco products;

b) “Advertiser” shall mean a person or entity on whose account of for
whom an advertisement is prepared and disseminated by the
advertising agency, which is service established and operated for the


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purpose of counseling or creating and producing and/or
implementing advertising program in various forms of media;
“Buffer Zone” is a ventilated area between the door of a designated
vaping area (DVA) not located in an open space and the vape-free
area.

“Designated Vaping Area” (DVA) is an area of a building or
conveyance where vaping may be allowed, which may be in an open
space or separate area with proper ventilation subject to the specific
standards provided in this Act;

“Distributor” shall pertain to any person to whom an ENDS/ENNDS,
HTP, or novel tobacco product is delivered or sold for purposes of
distribution in commerce. The term shall exclude manufacturers,
retailers, or common carriers transporting such products;
“Electronic Nicotine /Non-Nicotine Delivery System”
(ENDS/ENNDS), otherwise known as electronic cigarettes or vapes,
are e-liquids, solutions, or refills, whether or not containing nicotine,
and an electronic delivery device or any combination thereof, that
produces aerosol, mist or vapor that users inhale by mimicking the
act of smoking. ENDS/ENNDS deliver nicotine and/or other
chemicals into the lungs after on end of a plastic or metal cylinder
is placed in the mouth, like a cigarette or cigar, and inhaled to draw
a mixture of air and vapors from the device into the respiratory
system. They contain electronic vaporization systems, rechargeable
batteries and chargers, electronic controls and replaceable
cartridges containing nicotine and/or other chemicals.
ENDS/ENNDS shall be coextensive with the term “vapor products”
as defined in Republic Act No. 11467.

“Heated Tobacco Product” (HTP) shall mean a product thhat may be
consumed through heating tobacco, either electrically or through
other means, sufficient to release an aerosol that can be inhaled,
without burning or combustion of the tobacco. HTPs include liquid
solutions and gels that are part of the product and are heated to
generate an aerosol.

“Manufacturer” shall pertain to any person or entity, including a re-
packer, who makes, fabricates, assembles, processes, or labels a
finished product;

“Novel Tobacco Product” refers to all substances, devices and
innovations entirely or partly made of tobacco leaf as raw material,
already existing or to be developed in the future, intended to be used
as substitutes for cigarettes, conventional tobacco products,
ENDS/ENNDS or HTPs.

“Public Places” shall pertain to enclosed or confined areas of all
hospitals, medical clinics, schools, public transportation terminals
and offices, private and public buildings, recreational spaces,
shopping malls, theaters, restaurants, hotels, and the like;


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k) “Retailer” refers to any person or entity that sells ENDS/ENNDS,
HTP, or novel tobacco products for the buyer’s personal
consumption;

1) “Vaping” shall mean the act of using an ENDS/ENNDS, HTP, or
novel tobacco product.

SECTION 4. Prohibition on the use and sale of ENDS/ENNDS, HTP or novel
tobacco products. ~ Vaping shall be absolutely prohibited within the premises
and one hundred meters from the following locations:

a) Elevators;

b) Hospitals, medical, dental and optical clinics, health centers,
nursing homes, sanitaria, dispensaries, and laboratories, both
private and public;

c) Inside enclosed areas in all forms of common carriers conducting
public transportation;

d) Inside restaurants, canteens, diners, and all other food service
establishments, unless allowed by the owner or management; and

e) Playschools, preparatory schools, elementary schools, high schools,
colleges and universities, youth centers, and all other facilities for
use of persons under eighteen (18) years of age.

The sale of ENDS/ENNDS, HTP, and novel tobacco products, device,
liquid, solution, juice, refill, cartridge, or any product required for the use of
ENDS/ENNDS, HTP, and novel tobacco products, shall also be prohibited within
one hundred (100) meters from the areas specified above.

SECTION 5. Designated Vaping Areas - The following standards shall be
strictly followed in assigning or creating Designated Vaping Areas (DVA) on
public places other than those provided under the preceding section:

a) There shall be no opening that will allow air to escape from the DVA
to the vape-free area of the 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) The DVA shall not be located in or within ten (10) meters from
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 area be
less than ten (10) square meters;

) No building shall have more than one DVA;

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) Minors shall not be allowed inside the DVA and buffer zone;
g) The DVA shall have highly visible and prominently displayed
signages which include the following:
i. Vaping Area signage;
Graphic health warnings on the use of ENDS/ENNDS, HTP
and novel tobacco products; and
iii, Prohibition on the entry of persons below eighteen (18) years
old.

SECTION 6. Minimum Age for Sale of ENDS/ENNDS, HTP and Novel
Tobacco Products by Retailers. -It shall be unlawful for retailers and distributors
to sell any ENDS/ENNDS, HTP and novel tobacco product, device, liquid,
solution, juice, refill, cartridge, or any other product required for the use of
ENDS/ENNDS, HTP, and novel tobacco product to minors.

It shall not be a defense for the retailer or distributor that he/she did not
know the true age of the minor. It shall also not be a defense that he/she did not
know or had reason to believe that the product is for the minor’s consumption.

If there is doubt as to the age of the buyer, the retailer or distributor shall
verify the date of birth of the buyer through any valid government-issued
identification card.

SECTION 7. Mandatory Inclusion of Health Warnings on Labels,
Packagings, and Advertisements. - All labels or packagings of ENDS/ENNDS,
HTP, and novel tobacco products, device, liquid, solution, juice, refill, cartridge,
or any product required for the use of ENDS/ENNDS, HTP, and novel tobacco
products, shall have health warnings beginning one year from the issuance of
the joint memorandum from the DOH and FDA.

The contents of the health warning shall be based on the guidelines issued
jointly by the Department of Health (DOH) and Food and Drug Association (FDA).
The joint issuance shall be issued strictly within sixty (60) days from the
effectivity of this Act. The DOH and FDA, in coordination with the Department of
Trade and Industry (DTI) shall ensure that all manufacturers of these products
shall be given copies of the issuance. They shall also cause the publication of the
guidelines in a newspaper of general circulation.

SECTION 8. Ban on Advertisements. - All advertisements in print,
broadcast or electronic media showcasing, promoting, or showing the use of
ENDS/ENNDS, HTP or novel tobacco products shall be prohibited upon
effectivity of this Act. Only point-of-sale establishments of the said products may
place advertisements within its premises.


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SECTION 9. Ban on Sponsorships. - One year from the effectivity of this
Act, companies which manufacture, distribute or sell ENDS/ENNDS, HTP, and
novel tobacco products, device, liquid, solution, juice, refill, cartridge, or any
product required for the use of ENDS/ENNDS, HTP, and novel tobacco products
are prohibited from sponsoring any sport, concert, cultural or art even, as well
as individual and team athletes, artists, or performers where such sponsorship
shall involve the advertisement of any of the aforementioned products.

SECTION 10. Compliance Monitoring. -The DOH, FDA, and DTI shall form
an Inter-Agency Committee on Vape and Similar Products (IAC-VSP) which shall
be the monitoring committee for compliance of affected parties under the
provisions of this Act.

SECTION 11. Sanctions. —In case of violation of any section of this Act, the
following sanctions shall apply:

a) Violation of Section 4, 5 and 6. ~ A fine of not less than fifty
thousand pesos (PhP 50,000.00) but not more than one hundred
thousand pesos (PhP 100,000.00) for the first offense.

A fine of not less than one hundred thousand pesos (PhP
100,000.00) but not more than two hundred thousand pesos
(PhP 200,000.00) for the second offense.

A fine of not less than two hundred thousand pesos (PhP
200,000.00) but not more than five hundred thousand pesos
(PhP 500,000.00) for the third offense, and the cancellation of the
business permits and license to operate.

b) Violation of Sections 7, 8, and 9. - A fine of not less than one
hundred thousand pesos (PhP 100,000.00) but not more than
two hundred thousand pesos (PhP 200,000.00) for the first
offense.

A fine of not less than two hundred thousand pesos (PhP
200,000.00) but not more than five hundred thousand pesos
(PhP 500,000.00) for the second offense.

A fine of not less than five hundred thousand pesos (PhP
500,000.00) but not more than one million pesos (PhP
1,000,000.00) for the third offense, and the cancellation of the
business permits and license to operate.

SECTION 12. Implementing Rules and Regulations ~ The IAC-VSP shall,
within one hundred twenty days from the effectivity of this Act, issue the
Implementing Rules and Regulations for this Act.


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SECTION 13. Separability Clause. - If any provision or part of this Act is
held invalid or unconstitutional, the remaining provisions or parts unaffected
shall remain in full force and effect.

SECTION 14. Repealing Clause. - All laws, executive orders, presidential
decrees or issuances, letters of instruction, administrative orders, rules, and
regulations contrary to or inconsistent with the provisions of this Act are hereby
repealed, amended, or modified accordingly.

SECTION 15. Effectivity Clause. - This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in a newspaper of general
circulation.

Approved,