Vaporized Nicotine and Non-Nicotine Products Regulation Act
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Vaporized Nicotine and Non-Nicotine Products Regulation Act
Republic Act No. 11900
July 25, 2022
Case Overview and Summary
Summary of the Vaporized Nicotine and Non-Nicotine Products Regulation ActDeclaration of Policy (Section 2)
- Protect public health and promote health consciousness.
- Regulate vaporized nicotine/non-nicotine products and novel tobacco products using international standards.
- Prevent sale to minors and illicit trade.
Definitions (Section 3)
- Defines key terms like advertising, vapor products, heated tobacco products, novel tobacco products, etc.
Packaging and Health Warnings (Section 4)
- Requires graphic and textual health warnings on 50% of principal display surfaces.
- Specifies warning content and design requirements.
- Exempts export products from certain requirements.
Tamper-resistant and Child-resistant Design (Section 5)
- Requires vapor product refills to be child-resistant, tamper-resistant, and protected against breakage/leakage.
- Prohibits refilling of non-refillable receptacles.
Minimum Age Sales and Purchase (Section 6)
- Minimum age for purchase, sale, and use is 18 years old.
Proof-of-Age Verification (Section 7)
- Retailers must verify age using valid government-issued ID.
- Direct delivery only to individuals 18 years old and above.
Online Trade (Section 8)
- Allows online sale/distribution with age verification measures.
- Requires online sellers to be registered with DTI or SEC.
- Delivery must comply with age verification requirements.
Sales and Promotion within School Perimeters (Section 9)
- Prohibits sale, promotion, advertising, and product demonstration within 100 meters of schools, playgrounds, or facilities frequented by minors.
Point-of-Sale Signage (Section 10)
- Requires point-of-sale establishments to display age restriction and health warning signage.
Display of Products (Section 11)
- Prohibits displaying products next to products of particular interest to minors.
Product Communication Restrictions (Section 12)
- Allows advertisements at points-of-sale, direct marketing, and online with restrictions.
- Prohibits targeting or appealing to minors, featuring minors/celebrities, false claims, etc.
- Allows product demonstrations at points-of-sale.
Restrictions on Promotional Activities (Section 13)
- Restricts promotional events/activities to adults only.
- Prohibits product placement in video games, TV programs, or movies for general public.
- Prohibits promotional merchandise with product branding visible when worn/used.
Restrictions on Sponsorship (Section 14)
- Prohibits sponsorships in sports, concerts, cultural, or art events.
- Restricts participation to adults only.
- Prohibits distribution of promotional merchandise with product branding.
Use in Public Place (Section 15)
- Prohibits use in indoor public places except designated vaping areas (DVAs) and points-of-sale for demonstrations.
- Lists specific public places where use is absolutely prohibited.
Standards for Designated Vaping Areas (Section 17)
- Specifies requirements for DVAs, including signage, ventilation, size, and restrictions on minors/food/beverages.
Product Standard Requirements (Section 18)
- DTI, in consultation with FDA, to set technical standards for safety, consistency, and quality.
- Prohibits vapor products with nicotine content above 65mg/ml.
Product Registration (Section 19)
- Requires manufacturers and importers to register products with DTI.
- Allows DTI to order recall, ban, or seizure of non-compliant products.
- Maintains list of registered brands eligible for online sale.
Restriction on Retail and Sale of Nicotine Shots (Section 20)
- Strictly prohibits retail or use of nicotine shots and/or concentrates.
Jurisdiction (Section 21)
- DTI has exclusive jurisdiction over issues related to vaporized nicotine/non-nicotine products and novel tobacco products.
Floor Price (Section 22)
- BIR to prescribe minimum price considering taxes and reasonable production cost.
Penalties for Noncompliance (Section 23)
- Specifies fines and imprisonment for various violations by individuals, retailers, manufacturers, distributors, and online sellers.
- Allows revocation of business permits/licenses for repeated offenses.
- Allows deportation of guilty foreign nationals after serving sentence.
Implementing Rules and Regulations (Section 24)
- DTI, in consultation with FDA, to issue IRR within 3 months of effectivity.
Usage of Local Tobacco Products (Section 25)
- Encourages manufacturers to use local tobacco products.
Appropriations (Section 26)
- Funds for implementation to be charged against current appropriations, then included in annual budget.
Transitory Provision (Section 27)
- Provides 18-month transitory period for compliance after issuance of IRR.
Separability Clause (Section 28)
- Allows remaining provisions to remain valid if any part is held invalid or unconstitutional.
Repealing Clause (Section 29)
- Repeals inconsistent laws, decrees, rules, and regulations.
Effectivity (Section 30)
- Takes effect 15 days after publication in the Official Gazette or at least two newspapers of general circulation.
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Statutes
Republic Acts
vaporized nicotine products
non-nicotine products
novel tobacco products
heated tobacco products
e-cigarettes
vaping
product regulation
age restrictions
advertising restrictions
health warnings
packaging requirements
product registration
designated vaping areas
online sales
penalties
implementing rules
Law
Vaporized Nicotine and Non-Nicotine Products Regulation Act
Republic Act No. 11900
•July 25, 2022
July 25, 2022
REPUBLIC ACT NO. 11900
AN ACT REGULATING THE IMPORTATION, MANUFACTURE, SALE, PACKAGING, DISTRIBUTION, USE, AND COMMUNICATION OF VAPORIZED NICOTINE AND NON-NICOTINE PRODUCTS, AND NOVEL TOBACCO PRODUCTS
SECTION 1. Short Title. — This Act shall be known as the "Vaporized Nicotine and Non-Nicotine Products Regulation Act."
SECTION 2. Declaration of Policy. — It is hereby declared the policy of the State to protect and promote the right to health of the people and instill health consciousness among them.
It is further declared the policy of the State to enact a balanced policy whereby these novel consumer products are properly regulated using internationally accepted product standards in order to protect the citizens from the hazards of regulated, unregulated and substandard Vapor Products and Heated Tobacco Products.
For this purpose, the government shall regulate the importation, assembly, manufacture, sale, packaging, distribution, use, advertisement, promotion and sponsorship of Vaporized Nicotine and Non-Nicotine Products, and their devices, and Novel Tobacco Products in order to promote a healthy environment, protect the citizens from any potential hazards of these...
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