EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
Second Regular Session
SENATE
S. No. 2099
T HE
- THE
;cci?
lui ft* rr? March 11,2021 
iCP T}ME; 08:00 am
RECEIVEO
E-FILED
BX
INDEX.
Introduced by Senator PIA S. CAYETANO
AN ACT
REGULATING THE MANUFACTURE, IMPORTATION, SALE, DISTRIBUTION, 
USE, ADVERTISEMENT, PROMOTION, AND SPONSORSHIP OF ELECTRONIC 
NICOTINE DELIVERY SYSTEMS AND ELECTRONIC NON-NICOTINE DELIVERY 
SYSTEMS (ENDS/ENNDS), HEATED TOBACCO PRODUCTS (HTPs), AND 
OTHER IMITATION TOBACCO PRODUCTS
EXPLANATORY NOTE
Over the years, there has been widespread use of Electronic Nicotine Delivery 
Systems and Electronic Non-Nicotine Delivery Systems (ENDS/ENNDS), Heated 
Tobacco Products (HTPs), and other imitation products.1 These said devices have 
been marketed as less harmful than regular cigarettes despite the absence of 
conclusive evidence that ENDS/ENNDS and HTPs are safe products. The reduced 
health risk claims of the industry are still yet to be supported by science-based 
evidence. But there is, however, evidence to show that the majority of ENDS/ENNDS 
and HTPs contain harmful chemicals.2
Meanwhile, there is an uptake in the consumption of ENDS/ENNDS and HTPs 
among the youth, in our country and around the world. In the Philippines, one (1) out 
of five (5) e-cigarette users is aged ten (10) to nineteen (19) years old.3 Around eleven
1 Blaha, M. (n.d.). 5 vaping facts you need to know. Retrieved March 10,2021. from
https://www.hopkinsmedicine.org/heaIth/wellness-and-prevention/5-truths-you-need-to-know-about-vaping
2 E-cigarettes are harmful to health, (n.d.). Retrieved March 10,2021, from
https://www.who.int/news/item/05-02-2020-e-cigarettes-are-harmful-to-health
3 Marquez, C. (2019, November 28). Regulate use of vape to protect youth - picpd. Retrieved March 10,2021,
from https://newsinfo.lnquirer.net/1195340/regulate-use-of-vape-to-protect-youth-plcpd


percent (11 %) of young people aged eleven (11) to thirteen (13) have already tried e- 
cigarettes and there are around 550,000 adult users of e-cigarettes.4 In several 
countries, the use of ENDS/ENNDS and HTPs has been declared as an epidemic and 
this in turn has caused an outbreak of unknown lung injuries.
The epidemic of ENDS/ENNDS and HTPs’ use in youth and children calls to 
mind Article II, Section 15 of our Constitution which expressly provides that the State 
shall protect the right to health of the people and instill health consciousness among 
them. Thus, it is unequivocally our mandate to protect our people, most especially our 
youth, from the unknown long-term health impacts of the use of ENDS/ENNDS and 
HTPs to the user and to the society.
During a time when the world is suffering from a health pandemic brought about 
by COVID-19, taking care of one’s health is of utmost importance in order to fight such 
a deadly virus. We have seen evidence that the use of ENDS/ENNDS HTPs put its 
users at more risk from severe complications of COVID-19.
According to the Philippine Pediatric Society (PPS) - Tobacco Control 
Advocacy Group, there is a startling connection between cigarette and/or vape 
smoking and COVID-19, which can result in critical hospitalization and even death.5 
The Department of Health (DOH) also joined PPS in pushing for tobacco cessation 
and reminding the public of the risks of cigarette and vape smoking in connection to 
COVID-19.6
This bill thus proposes the regulation on the manufacture, distribution, 
importation, and sale of novel and emerging tobacco and imitation tobacco products 
such as ENDS/ENNDS and HTPs. Manufacturers, distributors, importers, and sellers 
of ENDS/ENNDS and HTPs are required to register with the Food and Drug 
Administration (FDA) prior to market placement to ensure that the products available 
in the market have already been reviewed for public safety.
4 Reports of SEIZURES after e<igarette use - US FDA. (n.d.). Retrieved March 10,2021, from 
https://www.healthjustice.ph/? p=2470
sMocon-Ciriaco, C. (2020, November 11). DOH, PPS push forTobacco cessation, cite COVID-19 RISKS: Claudeth 
Mocon-Ciriaco. Retrieved March 10,2021, from https://businessmirror.com.ph/2020/ll/ll/doh-pps-push-
for-tobacco-cessatlon-cite-covld-19-risks/?fbclid=lwARlaauR7hYSu_mrq]lvaKOM93yDfosMh_WJTuv-
dkOZhGAW3xfDsASQ-7vc 
6 Ibid.


The advertisement, promotion, and sponsorship of ENDS/ENNDS, HTPs, and 
other imitation tobacco products shall likewise be subjected to stringent regulations 
considering that these products pose important health risks.
By regulating these products, the State is fulfilling its mandate to protect the 
health of our people, most especially the youth, at a time when we are experiencing 
and still being threatened by the ill effects of COVID-19.
In view of the foregoing, the immediate passage of the bill and approval of the 
same is earnestly sought.
PIA S. CAYE-^NO


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
Second Regular Session
SENATE 
S. No. 2099
FILED
March
ft ME¥NDEX
BILLS
Introduced by Senator PIA S. CAYETANO
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AN ACT
REGULATING THE MANUFACTURE, IMPORTATION, SALE, DISTRIBUTION, 
USE, ADVERTISEMENT, PROMOTION, AND SPONSORSHIP OF ELECTRONIC 
NICOTINE DELIVERY SYSTEMS AND ELECTRONIC NON-NICOTINE DELIVERY 
SYSTEMS (ENDS/ENNDS), HEATED TOBACCO PRODUCTS (HTPs), AND 
OTHER IMITATION 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 “Vapes and HTPs 
Regulation Act”
Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to 
promote and protect the right to health of the people and instill health consciousness 
among them. Towards this end, the State shall implement measures to promote the 
general welfare by protecting the public against hazards to health and safety of 
Electronic Nicotine Delivery Systems and Electronic Non-Nicotine Delivery Systems 
(ENDS/ENNDS), Heated Tobacco Products (HTPs), and other imitation tobacco 
products.
Sec. 3. Definition of Terms. - As used in this Act, the following terms shall
mean;
(a) 
Advertisement refers to any visual and/or audible message or post 
generated, sent, received, or disseminated to the public about or on a 
particular product that promote or give publicity by words, designs, 
images or any other means through broadcasts, electronic, optical, print 
or whatever form of mass or social media, including indoor and outdoor 
advertisements, such as but not limited to signs and billboards.
(b) 
Advertising refers to the business of conceptualizing, presenting, 
making available, and communicating to the public, through any forms
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of mass or social media, including documentaries and testimonials, any 
fact, data, or information about the attributes, features, quality, or 
availability of consumer products, services, or credit. 
For the purpose of this Act, advertising shall be understood as Electronic 
Nicotine Delivery Systems and Electronic Non-Nicotine Delivery 
Systems (ENDS/ENNDS), Heated Tobacco Products (HTPs) and other 
imitation tobacco products advertising. This shall specifically refer to any 
posts, messages, or images depicting smoking or vaping as a lifestyle, 
or promoting or encouraging smoking or vaping, or the purchase or use 
of ENDS/ENNDS, HTPs, and other imitation tobacco products 
trademarks, brand names, design, and manufacturer’s names.
(c) 
Distributor refers to any person, entity, or establishment that imports 
ENDS/ENNDS, HTPs, and other imitation tobacco products for 
distribution to other establishments or outlets.
(d) 
Designated Vaping Area (DVA) refers to 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.
(e) 
Eiectronic Nicotine Deiivery Systems and Eiectronic Non-Nicotine 
Deiivery Systems (ENDS/ENNDS), otherwise known as Vapes, refer to 
combinations of non-tobacco e-liquids, solutions or refills, and an 
electronic delivery device, or any combination thereof, that produce an 
aerosol, mist, or vapor that users inhale by mimicking the act of smoking.
(f) 
Heated Tobacco Products (HTPs) refer to a form of tobacco product 
that uses an electronic device to heat processed tobacco leaves, and 
produces aerosols for inhalation by mimicking the behavior of smoking 
conventional cigarettes.
(g) 
Imitation Tobacco Products refer to any product, device, or article -
(1) That resembles, or is designated to resemble or replace a 
tobacco product: or
(2) That is capable of being smoked or inhaled; or
(3) That creates the resemblance of smoking: or
(4) That may be used in such a way as to mimic the act of smoking: 
or


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(5) That which is sold in a package designed to resemble the 
packaging commonly associated with tobacco products.
Provided, That this provision shall not apply to pharmaceutical products
approved by the Food and Drug Administration (FDA) as a smoking cessation
tool or device.
(h) 
Nicotine Shot/Concentrates refer to high strength preparations of 
nicotine designed to be added to e-liquid preparations to increase its 
nicotine content.
(i) 
Promotion refers to a social media post or an event or activity organized 
by, on behalf of, or together with a tobacco or imitation tobacco product 
manufacturer, distributor, importer or retailer with the aim of promoting a 
brand of ENDS/ENNDS, HTPs or other imitation tobacco products. It 
may also refer to the display of the product or manufacturer’s name, 
trademark, logo, etc. This includes the paid use of ENDS/ENNDS, HTPs 
or imitation tobacco products bearing the brand names, trademarks, 
logos, etc. in social media, movies, television, and other forms of 
entertainment.
(j) 
Retaiier refers to any person, entity, or establishment that sells 
ENDS/ENNDS, HTPs, and other imitation tobacco products to 
individuals for personal consumption.
(k) 
Smoke/Vape-free refers to air that is 100% free from smoke, vapor or 
aerosol from tobacco products, ENDS/ENNDS, HTPs, and other 
imitation tobacco products.
(l) 
Sponsorship refers to any public or private contribution from a third 
party in relation to an event, team, or activity, or social media post which 
promotes a brand of ENDS/ENNDS, HTPs or other imitation tobacco 
products.
(m) 
Vaping refers to the act of inhaling and exhaling the aerosol and other 
emissions produced by ENDS/ENNDS or other imitation tobacco 
products.
(n) 
Young Person refers to any person below twenty-one (21) years old.


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Sec. 4. Prohibition on the Use of ENDS/ENNDS, HTPs, and other imitation
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tobacco products in Pubiic Piaces. — Vaping, or the use of ENDS/ENNDS, HTPs,
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or other imitation tobacco products shall be prohibited in all places where tobacco
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smoking or the use of cigarettes is prohibited by other pertinent laws and issuances.
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Nothing shall prevent Local Government Units (LGUs) or other government agencies
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from issuing ordinances or circulars providing for stricter standards or an outright ban.
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Sec. 5. Prohibited Areas for Use of ENDS/ENNDS, HTPs, and other
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imitation tobacco products. - There shall be no designated area for the use of
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ENDS/ENNDS, HTPs, and other imitation tobacco products in the following public
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places;
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(1) Centers of youth activity such as playschools, preparatory schools, elementary
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schools, high schools, colleges and universities, boarding houses, dormitories,
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youth hostels, and recreational facilities for young and elderly persons;
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(2) Within the buildings and premises of public and private hospitals, medical,
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dental and optical clinics, health centers, nursing homes, dispensaries and
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laboratories;
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(3) Elevators and stairwells;
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(4) Locations in which fire hazards are present, including gas stations and storage
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areas for flammable liquids, gas, explosives or combustible material;
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(5) Food preparation and serving areas; and
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(6) Places of worship.
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Sec. 6. Standards for Designated Vaping Areas - All DVAs shall strictly
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comply with the following standards:
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(1) The DVA shall be In an open space in an outdoor area, or in a separate indoor
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area with proper ventilation;
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(2) If the DVA is located indoors, there shall be no opening that will allow air to
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escape from the DVA to the smoke/vape-free area of the building or
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conveyance, except for a single door equipped with an automatic door closer
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Provided, That the buffer zone shall have no other opening except for a single
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door equipped with an automatic door closer, which shall be at least two (2)
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meters away from the door of the DVA, and that vaping is prohibited in the
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buffer zone;


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(3) The DVA and its ventilation outlets shall not be located in or within ten (10)
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meters from entrances, exits or any place where people pass or congregate, or
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in front of air intake ducts;
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(4) The combined area of the DVA and the buffer zone shall not be larger than
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fifteen percent (15%) of the total floor area of the building or conveyance:
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Provided, That in no case shall such area be less than ten (10) square meter;
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(5) No building or conveyance shall have more than one (1) DVA;
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(6) The ventilation system for the DVA, other than in open space and for the buffer
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zone, shall be independent of all ventilation systems for the rest of the building
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or conveyance:
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(7) Young persons and pregnant women and such other vulnerable persons
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identified by the Department of Health (DOH) shall not be allowed inside the
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DVA and the buffer zone;
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(8) There shall be no selling, serving, or giving of food and beverages in the DVA
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and its buffer zone;
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(9) The DVA shall have no tables and chairs; and
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(10) The DVA shali have the following signages highiy legible, visible and
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prominently displayed:
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(a) “Vaping Area" signage;
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(b) Graphic health warnings (GHW) on the effects of vaping:
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(c) Prohibition on the entry of young persons and pregnant women and
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such other vulnerable persons identified by DOH; and
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(d) Signage stating “food and drinks are prohibited in this area”.
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Provided, That nothing in this Act shall compel persons-in-charge to establish
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designated vaping areas nor prevent them from instituting more stringent measures in
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their buildings and establishments to better ensure a vape-free environment in their
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premises.
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Sec, 7, Prohibition on Saies to and by Young Persons and Use by Young
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Persons - The following acts shall be prohibited:
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(a) 
For any retailer to sell or distribute ENDS/ENNDS, HTPs, and other imitation
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tobacco products to any young person;
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(b) 
For any person to purchase ENDS/ENNDS, HTPs, and other imitation
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tobacco products from a young person; and


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(c) For a young person to purchase or use ENDS/ENNDS, HTPs, and other
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imitation tobacco products.
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For purposes of this Act, it shali not be a defense for the person seiiing or
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distributing that he or she did not know or was not aware of the real age of the young
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person to whom it was sold. Neither shall it be a defense that he or she did not know
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nor had any reason to believe that the ENDS/ENNDS, HTPs, or other imitation tobacco
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products was for the consumption of a young person to whom it was sold.
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Sec. 8. Restrictions on Fiavors. - The manufacture, sale, distribution, and
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use of ENDS/ENNDS, HTPs, and other imitation products with flavors other than plain
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tobacco or plain menthol is prohibited. No combination of other flavors shall be
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allowed.
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Sec. 9. Prohibition on the Retaii or Use of Nicotine Shots. - The retail or
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use of nicotine shots and/or concentrates shall be strictly prohibited.
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Sec. 10. Prohibition on Oniine Seiiing of ENDS/ENNDS, HTPs, and Other
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imitation Tobacco Products and Accessories. - The sale of ENDS/ENNDS, HTPs,
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and other imitation tobacco products and accessories via the internet, or through
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online markets shall be strictly prohibited.
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Sec. 11. Point-of-Saie Restriction. - The distribution, sale, and offering for
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sale and use of ENDS/ENNDS, HTPs, and other imitation tobacco products and
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accessories shall be strictly prohibited in places where sale and use of conventional
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cigarettes shall be prohibited.
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Sec. 12. Saie of ENDS/ENNDS, HTPs and Other imitation Tobacco
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Products and Accessories Within Schooi Perimeters and Residentiai Areas. —
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The sale or distribution of ENDS/ENNDS, HTPs, and other imitation tobacco products
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and accessories is prohibited within a minimum distance of two hundred (200) meters
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from any point of the perimeter of a school, public playground, or other facility
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frequented by young persons and residential areas. Nothing in this provision or
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elsewhere in this Act shall be construed as limiting the powers of LGUs under the
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general welfare clause.
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Sec. 13. License to Operate and Certificate of Product Registration. - All
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persons, entities, or establishments engaged in the manufacture, importation,
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distribution, and sale of ENDS/ENNDS, HTPs, and other imitation tobacco products
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shall first secure a License to Operate (LTO) from the FDA. ENDS/ENNDS, HTPs, and
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other imitation tobacco products shall be submitted for product registration with the
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FDA and shall be issued a Certificate of Product Registration (CPR) before being sold
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to the general public.
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Sec. 14. Health Claims. - Unless approved by the FDA. any person, entity,
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organization, or establishment is prohibited from stating or publishing any health
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claims on ENDS/ENNDS, HTPs, and other imitation tobacco products, such as but not
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limited to claims of reduced health risk or reduced exposure to carcinogenic
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ingredients.
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Sec. 15. Restrictions on Advertisement, Sponsorship, and Promotion -
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Any form of advertising, sponsorship, promotion, and promotional sales which offer
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price cuts, discounts, coupons, raffle prizes, exchange gifts, and bundling discounts
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for purchases of ENDS/ENNDS, HTPs, and other imitation tobacco products and
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accessories, such as but not limited to clips, bags, holders, lanyards, and other similar
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accessories shall be prohibited.
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No person shall use the FDA logo, the words “Food and Drug Administration
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or “Philippine FDA”, or any imitation of such words, initials, or logo in print and other
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forms of broadcast, media, including the internet, in connection with any
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ENDS/ENNDS, HTPs. and other imitation tobacco products and accessories,
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merchandise, impersonation, solicitation, or commerciai activity in a manner that
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convey such use is approved, endorsed, or authorized by the FDA.
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Engaging in any form of ENDS/ENNDS, HTPs, and other imitation tobacco
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products and accessories advertisement and promotion, including advertising in social
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media, online media, and the internet is iikewise prohibited.
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Promoting, directly or indirectly, ENDS/ENNDS, HTPs, and other imitation
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tobacco products and accessories in an event, activity, program, or project where
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ENDS/ENNDS, HTPs, and imitation tobacco products and accessories company is a
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participant as a facilitator, sponsor, contributor, donor, or benefactor is prohibited.
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Unless approved by the FDA as a cessation device, promoting or advertising,
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directly or indirectly, ENDS/ENNDS, HTPs, and other imitation tobacco products, as a
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healthier alternative to smoking or a smoking cessation tool, is prohibited.
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ENDS/ENNDS, HTPs, and other imitation tobacco products and accessories
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importers, manufacturers, sellers, distributors, and retailers are prohibited from directly
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or indirectly sponsoring any sport, concert, educational, cultural, art, or any event.
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Individual or team athletes, artists, performers, influencers, and health
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professionals are likewise prohibited from accepting sponsorships, endorsing, posting.


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or promoting ENDS/ENNDS, HTPs, and other imitation products and accessories,
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which includes the mention or tagging through social media, of the names or brands
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of ENDS/ENNDS, HTPs, and other imitation tobacco products and accessories. All
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persons receiving remuneration, in whatever form, for promoting or encouraging the
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use of ENDS/ENNDS, HTPs, and other imitation tobacco products shall also be
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covered by the ban under this Section.
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Sec 16. Smoking/Vaping Restriction Awareness Campaign. - The DOH, as
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may be necessary, shall prescribe guidelines for the implementation of
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smoking/vaping restriction awareness campaigns, which may include but not be
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limited to information drives, and posting of warning signages in public.
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Sec. 17. Warning on Packaging of ENDS/ENNDS, HTPs, and Other
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imitation Tobacco Products. - Containers and packages of ENDS/ENNDS and
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HTPs shall bear the graphic health warnings as provided under Republic Act No.
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10643 or the “Graphic Health Warnings Law.” Containers and packages of other
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imitation tobacco products or its accessories shall contain appropriate health
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warnings, whose content, format, and specifications are to be designated by the DOH:
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Provided, That the DOH shall regularly review and revise the said health warnings,
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and issue additional warnings and messages on health risks as they deem
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appropriate.
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Sec. 18. Roie of Government Agencies. — The DOH, in consultation with the
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FDA, the Department of Trade and Industry (DTI), and concerned agencies, shall
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promulgate rules, regulations, and standards on packaging, ingredients, graphic
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health warning, detailed information on the allowable nicotine containing e-liquid, the
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strength of e-liquids, compliance with applicabie electrical and safety standards.
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The FDA, in collaboration with LGUs, shall check the compliance of
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manufacturers, importers, distributors, and retailers with this Act through surveillance
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inspections and investigations and take appropriate action for non-compliance.
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The DepEd and CHED, in coordination with the DOH, shall conduct an
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information campaign on nicotine addiction and the ill effects of smoking and vaping.
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LGUs are encouraged to enact local ordinances in support of the minimum
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mandatory requirements under this Act and the general welfare of their constituents.
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Nothing in this Act shall be construed as limiting the powers of LGUs under the general


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welfare clause: Provided, That the minimum fequirerhents under this Act are complied 
with.
Sec. 19. Penalties. - The foliowing penalties shali apply:
(a) 
Violations of Sections 4 and 5 of this Act:
First offense: a fine of not iess than Five Thousand Pesos (PhP 
5,000,00) but not more than Ten Thousand Pesos (PhP10,000.00) shall 
be imposed.
Second Offense: a fine of not less than Ten Thousand Pesos 
(PhP10,000.00) but not more than Twenty Thousand Pesos 
(PhP20,000.00) shall be imposed.
Third Offense: In addition to a fine of Twenty Thousand Pesos 
(PhP20,000,00), the business permits and licenses to operate shall be 
cancelled or revoked.
(b) 
Violation of Section 7 of this Act:
First offense: a fine not less than Twenty Thousand Pesos (PhP 
20,0000) or an imprisonment of not more than thirty (30) days, upon the 
discretion of the court. For succeeding offenses, both penalties shail 
apply in addition to the revocation of business licenses or permits in the 
case of a business entity or establishment.
The DOH and the Department of Social Welfare and Development 
(DSWD) shall implement appropriate intervention programs, including 
but not limited to, counseiling of young person and his/her 
parent/guardian, when a young person is caught soiling, buying, or using 
ENDS/ENNDS, HTPs, and other imitation tobacco products.
(c) 
Violations of Sections 8 to 15 of this Act:
First offense: a fine of not more than One Hundred Thousand Pesos 
(PhP 100,000.00) or imprisonment of not more than one (1) year, or 
both, at the discretion of the court shaii be imposed.


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(d)
Second Offense: a fine of not more than Two Hundred Thousand Pesos 
(PhP 200,000.00) or imprisonment of not more than two (2) years, or 
both, at the discretion of the court shall be imposed.
Third Offense: in addition to a fine of not more than Four Hundred 
Thousand Pesos (PhP 400,000.00) or imprisonment of not more than 
three (3) years, or both, at the discretion of the court, and in the case of 
a business entity, partnership, corporation, association, or any juridical 
person, the business permits, licenses, in the case of a business entity 
or establishment, shall be revoked or cancelled.
Violation of Section 17 of this Act shall be penalized in accordance to 
Section 14 of Republic Act No. 10643 otherwise known as “the Graphic 
Health Warnings Law.
In case any violation of this Act is committed by a business entity, partnership, 
corporation, association or any juridical person, the partner, president, director or 
manager who shall consent to or shall knowingly tolerate such violation shall be 
directly liable and responsible for the act of the employees and shall be criminally liable 
as a co-principal.
If the guilty officer is an alien, he shall be summarily deported after serving his 
sentence and shall be forever barred from re-entering the Philippines.
Sec. 20. Implementing Rules and Regulations. - Within sixty (60) days from 
the approval of this Act, the DOH, in consultation with the FDA, and other concerned 
agencies and stakeholders, shall promulgate the necessary implementing ruies and 
regulations (IRR) for the effective implementation of this Act. Failure to promulgate the 
rules and regulations shall not prevent the Implementation of this Act upon its 
effectivity.
Sec. 21. Separability Clause. - If any provision of this Act is declared 
unconstitutional or otherwise invalid, the validity of the other provisions shall not be 
affected thereby.
Sec. 22. Repealing Clause.-AW laws, decrees, orders, rules and regulations 
or parts thereof inconsistent with this Act are hereby repealed or modified accordingly.
Sec. 23. Effectivity. - This Act shall take effect after fifteen (15) days from its 
publication in the Official Gazette or in a newspaper of general circulation.
Approved,
10