HEALTH experts say vaporized liquid nicotine is much more potent as an addictive substance than the nicotine from lighting cigarettes. Add the other chemicals mixed in with the nicotine and the threat level to people, especially the youth, increases much more. This is why vaping is more dangerous than cigarette smoking.
President Duterte, to be consistent with his Executive Order No. 26, series of 2017 (providing for the establishment of smoke-free environments in public and enclosed places), can expand the scope of said order to interpret organic nicotine-loaded vaping devices as falling within the definition of tobacco products.
The new EO banning vaping that the President is set to release could also include vaping devices containing artificial nicotine or other chemicals other than nicotine because the Tobacco Regulation Act (Republic Act 9211) was worded such that it was very specific as to the definitions of tobacco and tobacco products.
Another creative way to ban vaping could involve invoking the laws against dangerous drugs to declare vaping liquids as illegal and dangerous drugs.
Fumes from vaping can also be considered toxic, hazardous or air pollutants in the context of the Clean Air Act. President Duterte could invoke the right of Filipinos to clean air that is without fumes created by vaping devices. This would include vaping and smoking in the coverage of Republic Act 8749.
The Tobacco Regulation Act states that “tobacco refers to agricultural components derived from the tobacco plant, which are processed for use in the manufacturing of cigarettes and other tobacco products” while “tobacco product refers to any product that consists of loose tobacco that contains nicotine and is intended for use in a cigarette, including any product containing tobacco and intended for smoking or oral or nasal use.” Not included in this definition are artificial nicotine and the other chemicals used to manufacture non-nicotine vaping liquids.
The swift remedy to this is urgent legislation so that the definitions are reworked to include any kind of vaping product whether containing nicotine from tobacco leaves or any other chemical.
The legislative template should be RA 9211. Amend the law, not create an entirely new law. Expand the coverage of the Tobacco Regulation Act, not craft a separate law just for vaping. New provisions can be added to RA 9211. This is the faster and better way to ban vaping.
