Court stops DOH, FDA from implementing ‘restrictive’ regulations on e-cigs, vapes

A regional group has confirmed that a Pasig trial court temporarily stopped the Department of Health (DOH) and Philippine Food and Drug Administration (FDA) from implementing an administrative order that would have imposed restrictive regulations on e-cigarettes or vapes.

Clarisse Virgino, a Philippine representative to the Coalition of Asia Pacific Tobacco Harm Reduction Advocates (CAPHRA), said a Pasig City Regional Trial Court issued a writ of preliminary injunction ordering Health Secretary Francisco T. Duque and Health Undersecretary and FDA Officer in Charge Rolando Enrique Domingo not to implement Administrative Order 2019-0007, entitled “Revised Rules and Regulations on Electronic Nicotine and Non-Nicotine Delivery System [ENDS/ENNDS],” which was set to take effect on October 24, 2019.

“This means that manufacturers, distributors, retailers, importers and/or exporters of vaping products need not follow the provisions of the DOH-FDA administrative order unless the writ of preliminary injunction is lifted by the court,” said Virgino.

The court also ordered all other persons acting on, or for Duque and Domingo’s behalf or upon their authority not to implement the administrative order while the case is still being settled, and not to exercise jurisdiction over vaping products.

The court concluded that there was an urgent need to restrain the imposition of the administrative order.

A writ of preliminary injunction is a provisional or ancillary remedy that is resorted to in order to prevent a threatened or continuous irremediable injury to the parties before their claims can be thoroughly studied and educated, Virgino explained.

“Its sole objective is to preserve the status quo until the merits of the case can be heard and decided by the court.” CAPHRA is an alliance of consumer organizations from Hong Kong, India, Indonesia, Malaysia, New Zealand, the Philippines, Taiwan and Thailand. It aims to educate, advocate and represent the right of adult alternative nicotine consumers to access and use of products that reduce harm from tobacco use.

Image credits: Ilkin Guliyev |

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