Young people stand up against Senate Bill No. 2239 or the Non-Combustible Nicotine Delivery Systems Act (and its Counterpart Measure House Bill No. 9007)
Especially during a global pandemic, our laws should strengthen our public health system and improve Filipinos’ general health and well-being, not endanger them.
It is in this note that we, youth and student organizations from all over the country, express our opposition to the passage of Senate Bill No. 2239 or the Non-Combustible Nicotine Delivery Systems Act (and its counterpart measure House Bill No. 9007).
The passage into law of SBN 2239 in its current form will put young people’s health at risk as it weakens existing public health regulations, while prioritizing industries that profit from the harms brought by the manufacture and sale of vapes and e-cigarettes.
The Vape Bill is anti-youth. It seeks to lower the minimum age of purchase of vaporized nicotine product from 21 years old (as provided in Republic Act No. 11467 that imposed excise taxes on vapes and e-cigarettes) to 18 years old, contrary to prevailing medical opinion that nicotine exposure at a young age impairs maximum development of the brain, making the youth vulnerable to engaging in deleterious habits that threaten their health.
The Vape Bill is anti-youth and anti-children. SBN 2239 removes the ban on all flavorings other than plain tobacco and menthol, allowing vape and e-cigarette makers to use and market flavorings to appeal to young people and children. These flavorings do not only mask the harshness of nicotine to lure non-smokers, especially the youth, into a lifelong addiction; they also mask the harmful effects of vapes and e-cigarettes.
The Vape Bill is anti-youth and pro-industry. The Vape Bill’s advertising and promotion restrictions are ineffective and inadequate to protect the youth from the aggressive marketing tactics of vape and e-cigarette manufacturers. The Vape Bill replicates provisions of RA 9211 or the Tobacco Regulation Act which have failed to improve the age of smoking initiation of the country that has remained stagnant at around 17 years old. It also allows online sales without providing effective ways to ensure that children will not be able to see online vape and e-cigarette advertising and promotion, and buy these products online.
The Vape Bill is anti-health. The Vape Bill espouses the false narrative that vapes and e-cigarettes reduce the harm caused by smoking. Contrary to the disinformation propagated by the industry and their fronts, vapes and e-cigarettes are neither harm reduction tools nor are they reduced risk products for traditional cigarette smokers. The Philippine Medical Association has stated that the current evidence that would support this concept of harm reduction or modified risk is “weak, insufficient, and unfit to drive the policy direction of our public health and medical laws.”
Evidence in other countries also suggest that instead of reducing harm, the use of vaporized nicotine products tend to increase or compound harm. This is because the majority or about 59% of e-cigarette users are dual users, and because current use of e-cigarettes has been shown to be an independent risk factor for respiratory disease that accrues in addition to cigarette use. In fact, the first case of e-cigarette or vape-associated lung injury (EVALI) in the country is a 16-year-old girl who used e-cigarettes concurrently with traditional cigarettes.
The Vape Bill is anti-health and pro-industry. The bill vests exclusive jurisdiction over regulation of vaporized nicotine products to the Department of Trade and Industry (DTI) and removes regulatory powers from the Food and Drug Administration (FDA) under the Department of Health (DOH). This regulatory framework treats vapes and e-cigarettes as regular consumer products, ignoring their health impacts.
Unlike the FDA and DOH, the DTI is neither mandated nor empowered to protect public health over the interests of the tobacco and e-cigarette industries. Vesting exclusive jurisdiction to the DTI will mean that trade and these industries’ commercial interests will be prioritized over health.
We urge our lawmakers to uphold and protect Filipinos’ health by voting against Senate Bill No. 2239. Stricter regulations on the manufacture, sale, distribution, advertising, promotion and sponsorship of vaporized nicotine products to protect the youth and non-smokers from their harmful effects should instead be championed.
During this time of the COVID-19 pandemic that primarily attacks the lungs, the passage of this measure into law will only serve an industry whose products are known to cause lung injury and promote nicotine addiction especially among young people.
The use of vapes and e-cigarettes especially among the youth is an epidemic waiting to happen. We should not allow this. Our unified call: public health must be prioritized over profit. No to SBN 2239!
Signatories:
Association of Philippine Medical Colleges – Student Network
Student Council Alliance of the Philippines
Youth for Mental Health Coalition, Inc.
Philippine Medical Students’ Association
Asian Medical Students’ Association – Philippines
Sanggunian ng mga Mag-aaral ng mga Paaralang Loyola ng Ateneo de Manila
UP Law Student Organization
Pateros Catholic School – Senior High School Courier
Rise For Change
Union of Progressive Students
Akbayan Youth
Center for Youth Advocacy and Networking Inc.
Adventist Medical Students Network Philippines
Creative Entrepreneurs Organization
Medical Missionaries for Social Responsibilities
Matias H. Aznar Memorial College of Medicine-Student Council
Adventist University of the Philippines – College of Medicine Student Council
Metropolitan Medical – Center CAST College of Medicine Medicine Student Council
Silliman University Medical Students Association
Supreme Student Government- Batasan Hills National High School
Open Arms Organization
Sanggawad
Alaga Health
Experto PlayLabs
