SEN. Joel Villanueva yesterday called for a review of RA 11990 or the Vaporized Nicotine and Non-Nicotine Products Regulation Act so the use of vape products would be regulated by the Food and Drugs Administration and not by the Department of Trade and Industry.
Villanueva said the death of a 22-year-old man due to vaping is alarming since the victim had no prior health issues.
He said that although RA 11990 was just signed into law in 2022, there is an urgent need to review it due to the rise in the number of vape-related health issues, citing data from the US that at least 3,000 individuals have been hospitalized, 68 of whom died, due to vaping.
He also said that studies showed that one out of seven Filipino youths aged 13 to 15 are also into vaping.
During the plenary deliberations on the passage of the measure, Villanueva said he wanted the FDA to take the lead in regulating vape products since their use is of health concern.
“I voted for the FDA to look into it and be the one to regulate it.
There is something wrong with the execution or implementation of this law. It has to be the FDA, not the DTI,” he said.
He said the use of vaping products has been encouraged among the youth by the use of attractive packaging, while its sale within 100 or 200 meters away from schools is not being fully implemented.
He said another way of enticing the youth to use vape products is through “promo girls.”
He said the DTI has a low batting average when it comes to raiding illegal vape stores which should be immediately addressed.
Villanueva said he has talked with several DTI personnel who said they are hesitant to implement the law since it concerns health matters.
Last week, the Department of Health reported the first death in the country due to vaping.
It said the victim died of heart failure due to injuries on his lungs brought about by two years of vaping.
The DOH also said that the victim has no history of cigarette smoking, alcohol abuse, or illegal drugs use, nor was he infected with COVID-19.
Surigao del Norte Rep. Robert Ace Barbers, chair of the House committee on dangerous drugs, said his office has received reports that liquid shabu and other addictive psychoactive substances are allegedly being smuggled and added to vape juice by some unscrupulous traders to their vape products.
“Psychoactive substances are addictive and affect how the brain works and cause changes in mood, awareness, thoughts, feelings, or behavior. These are manifestations observed in users and victims of these substances,” Barbers said. “If this is now being done, serious charges must be filed against these violators and hefty fines imposed against them.”
Barbers said adding liquid shabu and other addictive substances is a serious violation of Republic Act No. 9165 or the Dangerous Drugs Act of 2002 and “any company, manufacturer, trader or seller who is found to be doing this will face the full might of RA 9165 and will get additional heavier penalties.”
The administration lawmaker also demanded vape manufacturer and importer Flava Corp. to explain allegations that it sold flavored vape products, which are expressly prohibited by law.
Barbers said that under RA 11900, only tobacco and mint flavors are allowed and all other flavors that are enticing to minors and non-smokers are prohibited since the objective is to wean tobacco smokers from smoking and shift them to less harmful vape products.
“If enticing flavors are allowed, previous non-smokers and minors might pick up the vape habit which is not good either since it was never intended to be a healthy substitute to tobacco smoking as vape is not healthy at all with all its chemical composition. This Flava Corp. has been under investigation by the House for its reported tax evasion. Now here comes DTI finding the same corporation guilty, if news articles are to be relied on, for selling vapes with prohibited flavors that are considered dangerously appealing to minors,” Barbers said.
The Parents Against Vape (PAV) yesterday slammed the VapeFest held in Pasig City last week, saying it violated provisions of the Vaporized Nicotine and Non-Nicotine Products Regulation Act.
In a statement, the anti-vaping group said it is unacceptable for two vape brands to violate the law against marketing and promoting vape products blatantly.
“This event blatantly violates Republic Act No. 11900, also known as the Vaporized Nicotine and Non-Nicotine Products Regulation Act,” said PAV.
“We are calling on concerned government agencies to help in protecting children and the youth from being targets of the vaping industry,” it added.
In particular, the group said the event violated the prohibition on the involvement of youth influencers and personalities. — With Wendell Vigilia and Gerard Naval
