PH vape regulatory framework drawn up

The Department of Trade and Industry (DTI) has finished drafting the implementing rules and regulations (IRR) for the vape regulation bill, bringing the Philippines closer to its goal of improving control of vaporized nicotine, nonnicotine devices and novel tobacco products.

A public and private stakeholder consultation on the IRR is scheduled tomorrow.

Trade Undersecretary Ruth Castelo, who heads the department’s consumer protection group, said during the Senate hearing on the DTI’s 2023 budget that the draft had been distributed to other relevant government agencies.

“The implementing rules and regulations are already circulated, and we already have coordinated with the Food and Drug Authority,” Castelo told lawmakers.

Republic Act No. 11900, otherwise known as the “Vaporized Nicotine and Non-Nicotine Products Regulation Act,” lapsed into law earlier in July, shortly after President Marcos had risen to power.

Under the law, the government will regulate the importation, manufacture, sale, packaging, distribution, use and communication of these devices and products.

The DTI was given the authority to certify the devices while the responsibility of regulating the consumables will be done by both the trade department and the FDA.

Testing process

“The Bureau of Philippine Standards has the capacity to test the products, the nicotine devices that will be imported to the Philippines or manufactured locally,” Castelo said during the same hearing, adding that the DTI-attached agency also has the laboratory to conduct the tests and certification.

“If there are no health claims on the product, the testing will fall under the DTI. If there are health claims on the product themselves, it’s the FDA that will do the certification and testing,” Castello added, referring to the consumables.

Local trade group Federation of Philippine Industries (FPI) has expressed support for the regulation of this industry, citing it would help protect consumers from fake and substandard cigarette alternatives.

Back in April this year, FPI chair and anti-illicit trade advocate Jesus Arranza said the reforms proposed under the law would make it difficult for unscrupulous, unregistered and nontaxpaying traders to sell smuggled goods to the public.

Bone of contention

The passage of the law has been much debated, with a number of health experts, the Department of Health (DOH) and even the FDA itself calling on the President to veto it. Critics had warned this would go against the government’s public health goals.

In December last year during the Congressional deliberations, the DOH said that such a measure was “retrogressive” and would undermine the country’s progress in tobacco control.

One of the foremost misgivings of the health department was the lowering of the age of access to vapor products from 21 to 18 years old. It warned that this may expose the youth to harmful and addictive substances due to easing of access to these products. INQ