THE government will finally start a crackdown on the unauthorized manufacture, distribution, selling and use of electronic nicotine delivery system (ENDS) or electronic cigarettes and vaping products next month.
At a media forum on Wednesday, FDA Product Research and Standards Development Division Project Manager Anton Javier announced they will be ending the three-month transitory period for their licensing regulation for ENDS.
The said regulation is contained in Department of Health (DOH) Administrative Order (AO) 2019-0007, published last July.
“By October 25, the AO on ENDS will already be in full effect and everyone is expected to comply with it,” Javier said.
AO 2019-0007 mandates manufacturers and distributors of ENDS to get the necessary registration. For manufacturers it is worth at least P15,000 and for distributors, at least P10,000.
Companies covered by the AO but fail to register will face regulatory action from FDA and other concerned government agencies.
Currently, he said only one company managed to register, but he said they expect others to do so in the coming days as the deadline approaches.
At least 150 companies engaged in ENDS products are expected to register.
FDA, however, said it expects some firms will still resist the new policy since registrants will be mandated to follow strict regulations, including the banning of some substances from ENDS refill bottles, as well as strict packaging regulation, which could reduce their profit.
Harm reduction?
Authorities are now imposing stricter regulations for ENDS in the country amid reports abroad, particularly in the United States, of at least six people dying allegedly from vape use.
Visiting health expert Tikki Pang, however, urged the government not to base its ENDS policy on the said cases, which he said is caused by using tainted solutions in their vapes.
The former World Health Organization (WHO) official said the ENDS policy should focus on the possible harm reduction potential of ENDS by helping smokers quit smoking. Pang said this should also serve as a factor in determining the tax for vape products.
“If you increase the tax, these products will be less affordable for the 17 million smokers in the Philippines so the whole idea of using these products to help them quit smoking will become a no-brainer. They can’t afford it, and then they will continue smoking,” Pang said.
US-based ENDS manufacturer JUUL Labs echoed Pang’s statement, saying the pending legislation raising taxes for ENDS products so it will be on a par with cigarettes will ultimately be disadvantageous for smokers.
“Taxing us at this point with a proposed 200-percent hike is onerous as it might just kill the category. As such, there is nothing to tax and no revenues collected,” JUUL said in its position paper submitted to lawmakers.
“Under this scenario, ENDS won’t even be accessible even to adult smokers and there is no incentive for adult smokers to switch,” it added.
Further investigation
Javier, however, noted there is no conclusive evidence that ENDS helps smokers quit their habit.
In fact, he noted that there are studies stating the negative health impact of ENDS.
Despite these studies, Javier said they will still allow ENDS, albeit in a more regulated manner.
“Banning it outright might just lead people to use unregulated ENDS products, which could be more harmful to their health,” Javier said.
He said they will first wait for the outcome of the results of the US probe on ENDS-related deaths, possible local reports of sickness or injuries from ENDS use, and local studies on ENDS impact before deciding to ultimately ban it in the local market.
Image credits: Ilkin Guliyev | Dreamstime.com