Duterte issues EO banning unregistered e-cigarettes, vaping in public places

February 28, 2020

President Rodrigo Duterte has issued an executive order banning the manufacture, distribution and sale of unregistered e-cigarette products and vaping in public places.

EO No. 106, which he issued on February 26, is an amendment to EO. No. 26, which prohibits smoking in certain public places, designation of smoking areas, restricting minors to have access to tobacco products, and imposition of requirements and limitations on the advertising and promotion of tobacco products.

"There is a need to regulate access to use of ENDS/ENNDS, HTPs (electronic nicotine/non-nicotine delivery systems, heated tobacco products) and other novel tobacco products, to address the serious and irreversible threat to public health, prevent the initiation of non-smokers and the youth, and minimize health risks to both users and other parties exposed to emissions," the EO read.

All e-liquids, solutions or refills forming components of ENDS/ENNDS or HTPs shall be registered with the Food and Drugs Administration, it said.

The EO also requires all devices forming components of END/ENNDS or HTPs to be subject to the product standards imposed by the Department of Trade and Industry and the FDA.

Other novel tobacco products shall be regulated and are subject to the jurisdiction of the Inter-Agency Committee-Tobacco.

The EO also provides that all establishments engaged in the e-cigarette product business should secure license to operate from the FDA.

Duterte also directed the FDA and DTI to coordinate with the Bureau of Customs in the formulation of the guidelines, requirements and procedures for the regulation of the entry or importation of ENDS/ENNDS, HTPs, and their components into the Philippine market.

The EO declared it is unlawful and prohibited to vape within enclosed public places and public conveyances, whether stationary or in motion, except in designated smoking/vaping areas.

Last year, Duterte made a verbal order banning vaping in public places and importation of e-cigarettes.

The EO shall take effect 15 days after publication in a newspaper of general circulation. Celerina Monte/DMS