Amending R.A. No. 11900, Vaporized Nicotine and Non-nicotine Products Regulation Act

one Office of the see larg TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) 26 FEB 26 P5;18 First Regular Session ) RECEIVED BY: SENATE 1918 S. B. No. _ Introduced by Senator Robinhood Padilla AN ACT AMENDING REPUBLIC ACT NO. 11900, ENTITLED AN ACT REGULATING THE IMPORTATION, MANUFACTURE, SALE, PACKAGING, DISTRIBUTION, USE, AND COMMUNICATION OF VAPORIZED NICOTINE AND NON-NICOTINE PRODUCTS, AND NOVEL TOBACCO PRODUCTS EXPLANATORY NOTE Republic Act No. 11900 otherwise known as the "Vaporized Nicotine and NonNicotine Products Regulation Act" was enacted in 2021 to establish a comprehensive regulatory framework governing the importation, manufacture, sale, packaging, distribution, use, and communication of vaporized nicotine and non- nicotine products, including novel tobacco products and their delivery systems. The enactment of this law was welcomed by advocacy groups as a step toward offering adult Filipino smokers access to regulated, potentially less harmful alternatives to traditional tobacco products. However, recent technological developments in the global vaping industry have introduced new substances, such as hexahydrocannabinol (HHC) vape. According to available reports, HHC is a semi-synthetic cannabinoid produced by hydrogenating tetrahydrocannabinol (THC). While it is claimed to produce a milder, more euphoric effect than THC-often described as clear-headed and less prone to inducing anxiety or paranoia— its psychoactive properties raise significant public health and regulatory concerns.

Given the increasing prevalence of vaping in the Philippines, particularly among the youth, there is a compelling need to review the scope of RA 11900. This includes considering the explicit inclusion of provisions and corresponding penalties that would address the importation, manufacture, distribution, packaging, sale, and use of vaporized products containing HHC. Clarifying the law in this regard will ensure alignment with its public health objectives and prevent the exploitation of regulatory gaps related to emerging substances. It is for this reason that the passage of this measure is earnestly sought. schator C

no Office of the descrary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 26 FEB 26 P5:18 First Regular Session ) RECEIVED Br: SENATE S. B. No. 1918 Introduced by Senator Robinhood Padilla AN ACT AMENDING REPUBLIC ACT NO. 11900, ENTITLED AN ACT REGULATING THE IMPORTATION, MANUFACTURE, SALE, PACKAGING, DISTRIBUTION, USE, AND COMMUNICATION OF VAPORIZED NICOTINE AND NON-NICOTINE PRODUCTS, AND NOVEL TOBACCO PRODUCTS Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Section 3 of Republic Act No. 11900 otherwise known as the

2 "Vaporized Nicotine and Non-Nicotine Products Regulation Act" is hereby amended to 3 read as follows: "Section 3. Definition of Terms. - For purposes of this Act, the following terms shall mean: XXX (i) HEXAHYDROCANNABINOL (HHC) SHALL REFER TO AS A SEMI-SYNTHETIC CANNABINOID COMPOUND THAT IS CHEMICALLY DERIVED THROUGH THE HYDROGENERATION OF TETRAHYDROCANNABINOL (THC), AND WHICH BELONGS TO THE CANNABINOID SUBSTANCE GROUP AND IS COMMONLY USED IN LIQUIDS FORM FOR ELECTRONIC NICOTINE DELIVERY SYSTEM, SUCH AS VAPE AND E-CIGARETTES, OR

MAY BE IN THE FORM OF HHC-INFUSED OILS AND OTHER CONSUMABLE PRODUCTS;" XXX Renumber the succeeding sub-sections accordingly.

Sec. 2. Section 18 of Republic Act No. 11900 is likewise amended to read as

follows: "Section 18. Product Standard Requirements. - The DTI, in consultation with the FDA, shall set technical standards for safety, consistency, and quality of the products requiring registration in the immediately succeeding section based on international standards: Provided, That no vapor product with a nicotine content above sixty-five milligrams per milliliter (65mg/ml) shall be allowed to be sold in the market: PROVIDED, FURTHER, THAT NO VAPOR PRODUCT SHALL CONTAIN HEXAHYDROCANNABINOL (HHC) REGARDLESS OF ITS QUANTITY. The compliance with these product standards shall be mandatory.

Sec. 3. Section 23 of Republic Act No. 11900 is likewise amended to read as

follows: "Section 23. Penalties for Noncompliance. - The following penalties shall apply: XXX (E.) FOR VAPOR PRODUCTS CONTAINING HEXAHYDROCANNABINOL (HHC) AS MENTIONED IN SECTION 18, THE MANUFACTURER, IMPORTER, DISTRIBUTOR, CONSUMER SHALL BE PUNISHED RETAILER AND ACCORDINGLY BASED ON THE APPLICABLE PENALTIES UNDER REPUBLIC ACT NO. 9165, OTHERWISE KNOWN AS THE "COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002."

XXX

Sec. 4. Separability Clause. - If any provision of this Act is declared

3 unconstitutional, the remainder hereof not otherwise affected shall remain in full force 4 and effect.

Sec. 5. Repealing Clause. - All other laws, presidential decrees, executive

6 orders, letters of instruction, proclamations, administrative orders, rules or regulations 7 that are inconsistent with this Act are hereby repealed, amended, or modified 8 accordingly.

Sec. 6. Effectivity Clause. - This Act shall take effect after fifteen (15) days

following its publication in the Official Gazette or in a newspaper of general circulation. Approved,