Bill to regulate sale of vapes, e-cigarettes

MANILA, Philippines — The trade and industry committee of the House of Representatives has approved a bill that aims to regulate the manufacture, sale and distribution of vapes, e-cigarettes and other electronic nicotine and non-nicotine delivery systems (ENDS/ENNDS).

Panel chairman Rep. Wes Gatchalian said the approval would pave the way for the regulation of the reported rampant proliferation of ENDS, ENNDS and heated tobacco products that have been sold even to minors.

“We would like to emphasize that this bill will serve to regulate, and not ban, the sale of these products,” he said, noting that lawfully registered vape shops have been at the losing end because there are an estimated 800 unregistered backyard stores.

He explained that since the products come in the form of electronic devices, they would be regulated by the Department of Trade and Industry for purposes of protecting consumers.

“Manufacturers of electrical devices intended to be used in combination with ENDS/ENNDS shall ensure that the devices they produce will comply with the applicable electrical safety standards set by the Bureau of Product Standards of the DTI,” Gatchalian said.

Under the proposed measure, only persons aged 18 years old and above shall be allowed to purchase, sell, and use ENDS, ENNDS and HTPs. Moreover, Gatchalian said the bill will also limit the flavors that entice minors to vape.

All e-liquid receptacles shall also be child-resistant, tamper-resistant, and shall be protected against breakage and leakage.

“Retailers will be required to verify the age of all buyers by requiring the presentation of any valid government-issued ID showing the buyer’s photograph and age or date of birth. Online sales will also require proof of age,” Gatchalian said.

“A person selling or distributing vape and e-cigarette products cannot use as a defense that he/she did not know or was not aware of the real age of the buyer,” he stressed.

The sale or distribution of ENDS/ENNDS or HTPs within 100 meters from any point of the perimeter of a school, playground, or other locations frequented by minors shall also be prohibited, he warned.