FDA joins DOH in seeking veto of vape bill  

MANILA, Philippines — Regulation of vapes and other heated tobacco products (HTPs) must remain with the Food and Drug Administration (FDA) and not be transferred to the Department of Trade and Industry (DTI) because these products concern public health.

The FDA made this position clear in a statement it released in support of the Department of Health (DOH)’s request for a presidential veto of the Vape Bill (Senate Bill No. 2239 and House Bill No. 9007), which transfers regulatory jurisdiction of the products to the DTI.

“It is the DOH, through the FDA, which bears the constitutional mandate to protect every Filipino’s right to health, through establishing effective regulatory systems,” the FDA statement read.

Contrary to the proposed measure, the FDA said vape products and HTPs must be considered as health products instead of consumer products.

“This is especially as such products are being marketed by the industry as an alternative to conventional cigarettes, with some even claiming or implying that these products as being safer or less harmful,” the FDA said.

“Such statements that vapor products and HTPs are substantially safer than conventional cigarettes are misleading, as these products contain harmful and potentially harmful constituents that are hazardous to human health,” it said.

On the pretext of ensuring the protection of public health, the FDA believes it is the “competent regulatory authority” for such products.?The FDA emphasized that it is science which guides evidence-based policymaking to pursue its regulations.

“The foremost duty of public health policymaking is to do no harm. The FDA calls on the medical and allied health care professional communities to heed the same. The FDA shall remain true and committed to its mandate to protect and promote the right to health of all Filipinos through the regulation of health products, including tobacco and other health related products,” the statement read.

Since the proposed measure strips the DOH and the FDA of their power to regulate vape products and HTPs, “passing this bill will reverse the significant progress which has been made in former president Duterte’s administration,” said the FDA.

It was in June 24 when Congress transmitted the Vape Bill to the Office of the President.

The FDA said it supports the vetoing of the proposed law so that the Marcos administration could continue the previous administration’s “strengthening of the Tobacco Control and Prevention Strategy of the Philippine government.”

It mentioned Executive Orders Nos. 26 (Providing for the Establishment of Smoke-Free Environments in Public and Enclosed Places) and 106 (Prohibiting the Manufacture, Distribution, Marketing and Sale of Unregistered Electronic Nicotine Delivery Systems, HTPs and other Novel Tobacco Products) as among these initiatives.