Title
Vaporized Nicotine and Novel Tobacco Regulation
Law
Republic Act No. 11900
Decision Date
Jul 25, 2022
The Vaporized Nicotine and Non-Nicotine Products Regulation Act aims to protect public health by regulating the importation, sale, and use of vaporized nicotine and non-nicotine products in the Philippines, with measures to prevent sales to minors and promote a healthy environment.
A

Declaration of Policy

  • Protect and promote public health and instill health consciousness.
  • Establish a balanced policy to regulate novel consumer products (vaporized nicotine/non-nicotine and novel tobacco products) with international standards.
  • Regulate importation, manufacture, sale, packaging, distribution, use, advertisement, promotion, sponsorship.
  • Aim to reduce harm caused by smoking, prevent sale to minors, and stop illicit trade.

Definitions of Key Terms

  • Advertising: Business communication of product features excluding non-promotional info.
  • Celebrity: Any person whose public character draws attention, including social media influencers.
  • Child-resistant and tamper-resistant: Packaging standards compliant with safety requirements.
  • Designated Vaping Area (DVA): Designated indoor/outdoor areas allowing product use.
  • Distributor, Manufacturer, Retailer: Entities involved in product commerce at different stages.
  • Heated Tobacco Products (HTPs): Tobacco consumed by heating without combustion.
  • Product Demonstration: Testing and explaining product features to adult buyers.
  • Promotion and Sponsorship: Activities or events organized to promote these products.
  • Vapor Products and Devices: Includes Vapor Product Refills, Devices, and Systems that generate inhalable aerosol.
  • Novel Tobacco Products: Non-combusted tobacco or nicotine-containing substitutes.
  • Other terms defined cover packaging, proof of age, reduced-risk statements, and nicotine-related substances.

Packaging and Health Warnings

  • Packaging must bear 50% full-color graphic health warnings in front and back.
  • Textual warnings differ for products containing nicotine and those without.
  • Warnings must be clearly visible and not obscured.
  • Compliance with BIR fiscal marking rules mandatory.
  • DOH to provide specific health warning designs within 30 days of act’s effectivity.
  • Exported products have distinct marking requirements.

Child-resistant and Tamper-resistant Packaging

  • Vapor Product Refills must comply with child-resistant and tamper-resistant standards.
  • Packaging must prevent breakage, leakage, and unauthorized refilling.

Minimum Age for Purchase and Use

  • Minimum age set at eighteen (18) years.
  • Lack of knowledge regarding buyer’s age is not a defense for sellers.

Proof-of-Age Verification

  • Retailers must require valid government-issued ID showing age and photo.
  • Delivery only to individuals 18 years and older.

Online Trade Regulations

  • Online sale/distribution permitted with age verification and signage on websites.
  • Online sellers must be registered with DTI or SEC and comply with health warning and tax requirements.
  • Delivery must comply with age verification.

Sales and Promotion Restrictions Near Schools

  • Prohibition of sale, promotion, advertising, and demonstration within 100 meters of schools, playgrounds, or facilities frequented by minors.

Point-of-Sale Signage Requirements

  • Mandatory posting of specific health warning statements on establishments selling these products.

Product Display Restrictions

  • Products must not be displayed alongside items that appeal particularly to minors.

Advertising and Consumer Communication Restrictions

  • Allowed only at point-of-sale, direct marketing, or internet under stringent conditions.
  • No targeting or appealing particularly to persons under 18.
  • Ban on using cartoons, anime, celebrities, and youth influencers.
  • Advertisements must include government-mandated health warnings.
  • Ban on misleading information or unsubstantiated claims.
  • Online ads require age verification.
  • Prohibition of advertisements on public spaces and flavored descriptors appealing to minors.
  • Medicinal or therapeutic claims prohibited without FDA approval.
  • Reduced-risk statements require FDA authorization.

Promotional Activities Restrictions

  • Promotional events limited to persons 18+ and conducted by trained experts.
  • Mandatory health warnings and clear age requirement labeling.
  • No medicinal claims without FDA approval.
  • Promotion confined to point-of-sale or adult-only venues.
  • No celebrity endorsements or promotional merchandise visible to the public.
  • Ban on placement of advertisements in video games or movies.

Sponsorship Restrictions

  • Sponsorship prohibited in sports, concerts, cultural, or art events.
  • Minors barred from participation.
  • Health warnings and age restrictions mandatory in communications and invitations.
  • No merchandise distribution with brand names visible during sponsored events.
  • Implementation of CSR activities allowed without brand promotion.

Use of Products in Public Places

  • Use prohibited indoors except in designated vaping areas or point-of-sale for demonstrations.
  • Absolute prohibition in youth centers, hospitals, elevators, transport terminals, food prep areas, churches, and government offices (except DVA).

Awareness Campaigns

  • DOH to coordinate smoking and vaping restriction awareness campaigns.
  • Private sector encouraged to support restriction awareness initiatives.

Designated Vaping Areas Standards

  • Restricted access for persons under 18 and pregnant women.
  • Required signage for vaping area and age restrictions.
  • No smoking allowed in DVAs.
  • Controlled occupancy based on space.
  • Indoor DVAs require separate ventilation and physical separation.
  • Only one DVA per building or conveyance.
  • No sale or serving of food and beverage in DVA except in point-of-sale.

Product Standards

  • DTI, with FDA, to establish product safety and quality standards.
  • Max nicotine content capped at 65 mg/ml.
  • Compliance required.

Product Registration

  • Mandatory registration of all manufacturers and importers with DTI.
  • Includes HTP consumables, devices, vapor refills, and novel tobacco products.
  • DTI may recall, ban, or seize non-compliant products.
  • Only registered products with health warnings allowed for marketing, sale, and distribution including online platforms.
  • Online sellers must register with DTI and BIR; non-compliance results in takedown orders.

Prohibition on Nicotine Shots

  • Retail and use of nicotine shots/concentrates strictly prohibited.

Jurisdiction

  • Exclusive jurisdiction over all regulation matters of Vaporized Products and Novel Tobacco Products lies with DTI.

Floor Price

  • BIR mandated to set minimum prices considering taxes and production costs.

Penalties for Violations

  • Various penalties depending on violation and actor (person or business).
  • Fines range from ₱5,000 to ₱5,000,000 and/or imprisonment up to 6 years.
  • Revocation or cancellation of business permits for repeated offenses.
  • Minor offenders to undergo intervention and counseling.
  • Online non-compliance triggers suspension of trading and product recall.
  • Foreign offenders deported and barred from re-entry after serving penalties.

Implementing Rules and Regulations

  • DTI and FDA to issue IRR within 3 months from effectivity.
  • Non-issuance of IRR does not prevent law implementation.

Use of Local Tobacco Products

  • Manufacturers encouraged to use local tobacco for products.

Appropriations

  • Initial funding charged to current national agencies’ allocations.
  • Continued funding to be included in future budget appropriations.

Transitory Provisions

  • 18-month transition period post-IRR issuance for compliance by stakeholders.

Separability Clause

  • Invalidity of a provision does not affect the rest of the Act.

Repealing Clause

  • Repeals laws inconsistent with the Act concerning regulation of vaporized nicotine/non-nicotine and novel tobacco products.

Effectivity

  • Law takes effect 15 days after publication in Official Gazette or newspapers.

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