Title
Supreme Court
Prohibiting Sale of E-Cigarettes to Minors in QC
Law
Quezon City Ordinance No. Sp-2341, S-2014
Decision Date
Oct 22, 2014
Quezon City Ordinance SP-2341, enacted on October 22, 2014, prohibits the sale of e-cigarettes to minors and imposes stricter penalties for violations, amending previous regulations on tobacco products to protect the health and welfare of children.

Law Summary

Definitions of Key Terms

  • Electronic Cigarettes or E-Cigarettes: Any electronic device with a mouthpiece, heating element, battery, and electronic circuits that vaporize liquid nicotine and/or other substances, simulating smoking. This includes e-cigarettes, e-cigars, e-pipes, or similar devices under any product name.
  • Minor: Any natural person below eighteen (18) years of age, as defined by Republic Act No. 6809.
  • Person: Refers to individuals, partnerships, corporations, or any other business or legal entity.
  • Tobacco Products: Products made entirely or partly of tobacco leaf used for smoking, sucking, chewing, or snuffing, such as cigars, cigarettes, and cigarillos.

Penalties for Violations

  • Violators selling, distributing, or purchasing cigarettes, e-cigarettes, or tobacco products for minors face a fine of no less than PhP 5,000 or imprisonment of up to 30 days, at the court's discretion.
  • Repeat offenses attract both penalties plus revocation of business licenses or permits for businesses.
  • Penalties apply to proprietors, partners, managers, brand managers, chief operating officers, or any person in charge of the business establishment responsible for the violation.

Implementing Body

  • The Business Permits and Licensing Office (BPLO) is designated to implement, monitor, and enforce the ordinance.

Separability Clause

  • If any part of the ordinance is declared invalid or unconstitutional, the remaining provisions not affected shall remain in full force and effect.

Repealing Clause

  • All inconsistent ordinances, executive orders, or regulations are repealed or modified accordingly to align with this ordinance.

Effectivity

  • The ordinance takes effect thirty (30) days after its complete publication in a newspaper of general circulation in Quezon City.

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