Anti-disposable Vapes Act

Senate Office of the Secretary TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES APR 13 P1:17 First Regular Session SENATE RECEIVED BY:_ S. No. 2034 Introduced by Senator PIA S. CAYETANO AN ACT BANNING THE IMPORTATION, MANUFACTURE, MARKETING, OFFERING FOR SALE, DISTRIBUTION, AND USE OF DISPOSABLE VAPES, PROVIDING PENALTIES THEREFOR AND FOR OTHER PURPOSES EXPLANATORY NOTE Disposable vapes, often marketed as "safer" and convenient alternatives to traditional tobacco products, have gained popularity among various age groups, especially the youth. However, mounting evidence suggests that these devices pose significant health risks. The Food and Drug Administration (FDA) released an advisory in which it reiterated the World Health Organization's claim that there is no scientific evidence to support the "less harmful" or "safer" claims of these products. In fact, the inhalation of harmful substances present in disposable vapes has been linked to respiratory issues and other serious health complications. 1 One of the most urgent reasons for the ban is the disturbing rise in disposable vape use among the youth. It threatens to undo years of progress in tobacco control and exposes young Filipinos to serious health risks. These devices, with their appealing design and different flavors, have become a gateway to nicotine addiction for many young individuals. In 2021, the Philippine Pediatric Society reported that 11% of 1 Centers for Disease Control and Prevention. (2025, January 31). Health effects of vaping. U.S Department of Health and Human Services. https://www.cdc.gov/tobacco/e-cigarettes/health- effects.html

students aged 10 to 15 had already tried vaping.? That same year, the Department of Science and Technology - Food and Nutrition Research Institute (DOST-FNRI) estimated that around 37,000 minors were using vapes. By 2023, this number had surged by over 1,000%, with an estimated 423,000 youth users. 3 This upward trend reflects earlier findings from the 2019 Global Youth Tobacco Survey, which reported that 14.1% of Filipino students aged 13 to 15 were already e-cigarette users. Compounding this concern, the 2019 National Nutrition Survey found that 44% of e- cigarette users in the country were non-smokers, highlighting the role of vapes in initiating nicotine dependence even among those who had never smoked traditional tobacco products.5 Beyond health risks, disposable vapes also pose a significant environmental threat. Each device contains plastics, heavy metals, residual nicotine, and lithium-ion batteries, making them both difficult to recycle and hazardous to dispose of. According to a 2023 report by the United Nations Environment Programme (UNEP), disposable vapes contribute to a growing stream of toxic electronic waste that pollutes landfills, waterways, and ecosystems? These risks stress the urgent need for stringent regulation and proper disposal of such products.8 This proposed measure therefore seeks to ban the importation, manufacture, marketing, offering for sale, distribution, and use of disposable vapes to address the interconnected issues related to public health, youth addiction, and environmental 2 Baclig, C. E. (2023, September 18). As vaping "epidemic" grips PH youth, tobacco sellers flout law vs targeting kids. Inquirer.net. https://newsinfo.inquirer.net/1833154/as-vaping-epidemic-grips-ph- youth-tobacco-sellers-flout-law-vs-targeting-kids 3 ABS-CBN News. (2025, March 5). Medical groups declare alcohol, tobacco and vape epidemic among youth. https://www.abs-cbn.com/news/health-science/2025/3/5/medical-groups-declare- alcohol-tobacco-and-vape-epidemic-among-youth-2026 4 Global Youth Tobacco Survey (GYTS). (2019). Philippines 2019 GYTS fact sheet (ages 13-15). World Health Organization. https://drupal.gtssacademy.org/wp-content/uploads/2024/11/Philippines- GYTS-2019-Factsheet-Ages-13-15-Final_508tag.pdf 5 Philippine Information Agency. (2025, March 11). Regulating the growing e-cigarette industry. https://pia.gov.ph/regulating-the-growing-e-cigarette-industry/ 6 Truth Initiative. The Environmental Impact of E-Cigarettes. https://truthinitiative.org/research- resources/emerging-tobacco-products/environmental-impact-e-cigarettes 7 United Nations Environment Programme (UNEP). Toxic E-Waste and the Environment. 2023. ® Greenpeace UK. (n.d.). Are disposable vapes bad for the environment? Greenpeace UK https://www.greenpeace.org.uk/news/are-disposable-vapes-bad-for-the-environment/

sustainability. This measure aims to safeguard the well-being of the population, particularly the vulnerable youth, while promoting responsible industry practices and minimizing the ecological impact of vaping products. In view of the foregoing, the immediate passage of the bill and approval of the same are earnestly sought. Pia S. Cantano A PIA S. CAY TANO

Deltate Office of the Secretary APR 13 P1:17 TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) First Regular Session RECEIVED BY: SENATE S. No. 2034 Introduced by Senator PIA S. CAYETANO AN ACT BANNING THE IMPORTATION, MANUFACTURE, MARKETING, OFFERING FOR SALE, DISTRIBUTION, AND USE OF DISPOSABLE VAPES, PROVIDING PENALTIES THEREFOR AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Tit/e. - This Act shall be known as the "Anti-Disposable Vapes

2 Act."

Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to

4 protect and promote the right to health of the people and instill health consciousness among them. It shall also protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. Towards this 7 end, the State aims to address the harmful effects of disposable vapes on health, 8 especially to our youth, and its adverse impact to the environment.

Sec. 3. Total Ban on Importation, Manufacturing, Marketing, Offering for Sale,

Distribution and Use of Disposable Vapes. - It shall be unlawful for any person, natural or juridical, business entity or establishment to import, manufacture, market, sell, distribute, and use disposable vapes. Disposable vapes shall mean rechargeable and non-rechargeable devices that come with e-liquid, which are not designed to be refilled, and are discarded after use.

Sec. 4. Penalties. - Violation of this Act shall be penalized as follows:

a) The following penalties shall apply to persons found using disposable vapes: i) First offense, a fine of not less than Five thousand Pesos (P5,000.00) but not more than Seven thousand pesos (P7,000.00); (ii) Second offense, a fine of not less than Seven thousand Pesos (P7,000.00) but not more than Ten thousand pesos (P10,000.00); and iii) Third offense, a person below eighteen years of age shall be imposed a penalty of community service for a period of six (6) months. If the person is 18 years old and above, he/she shall suffer the penalty of imprisonment ranging from six (6) months and one (1) day to one (1) year imprisonment or a fine ranging from Fifteen thousand pesos (P15,000.00) to Fifty thousand pesos (P50,000.00), or both, at the discretion of the court. b) The following penalties shall apply to manufacturers, importers, and distributors of disposable vapes: (i) First offense, a fine of not less than Three hundred thousand pesos (P300,000.00) but not more than Five hundred thousand pesos (P500,000.00); (ii) Second offense, a fine of not less than Eight hundred thousand pesos (P800,000.00) but not more than One million pesos (P1,000,000.00); and a fine of not less than One million pesos (li) Third offense, (P1,000,000.00) but not more than Two million pesos (P2,000,000.00) or imprisonment of not more than five (5) years, or both, at the discretion of the court: Provided, That the business permits and licenses, in the case of a business entity or establishment shall be revoked or cancelled. If the manufacturer, importer, distributor, or any of its officers is a foreign national, he/she shall be deported after service of sentence and/or payment of applicable fines without need of further deportation proceedings and shall be permanently barred from re-entering the Philippines. Each withdrawal or importation into the Philippine customs territory of disposable vapes, for sale to the market, after the compliance date shall constitute one (1) offense. An additional penalty of One hundred thousand pesos (P100,000.00) per day shall be imposed for each day the violation continues after having received the order from the Department of Trade and Industry (DTI) notifying the company of the infraction.

c) The following penalties shall individually apply to retailers/sellers of disposable vapes, whether operating physically or through online platforms, as well as their agents/representatives for violation of this Act: (i) First offense, a fine of not less than Fifty thousand pesos (P50,000.00) but not more than One hundred thousand pesos (P100,000.00); (ii) Second offense, a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Three hundred thousand pesos (P300,000.00); and (li) Third offense, a fine of not less than Three hundred thousand pesos (P300,000.00) but not more than Five hundred thousand pesos (P500,000.00) and imprisonment of not less than one (1) year but not more than six (6) years, at the discretion of the court. Provided, That the business permits and licenses, in the case of a business entity or establishment shall be revoked or cancelled. Each day that disposable vapes are found in the retail establishments of the retailers after the compliance date shall constitute one (1) offense. An additional penalty of Five thousand pesos (P5,000.00) per day shall be imposed for each day the violation continues after having received the order from the DTI notifying the retailers of the infraction. d) The imposition of the fines shall take into consideration the annual gross sales, capital investment and employee size of the manufacturers, importers and distributors, and in the case of retailers and sellers, their total assets.

Sec. 5. Roles of Government Agencies. - The DTI, in coordination with the

Bureau of Customs (BOC), Department of Environment and Natural Resources (DENR), Department of Interior and Local Government (DILG) and other concerned agencies shall be responsible for enforcing the provisions of this Act.

Sec. 6. Implementing Rules and Regulations. - Within sixty (60) days from the

date of effectivity of this Act, the DTI, in coordination with the BOC, DENR, DILG and other concerned agencies shall issue the implementing rules and regulations for this 29 Act.

Sec. 7. Transitory Provision - Manufacturers, resellers, importers, and

distributors are given one (1) year from the effectivity of this act to sell, distribute, or

1 otherwise lawfully dispose of their disposable vape products. After one (1) year, no 2 person, natural or juridical, shall sell or commercially distribute disposable vape 3 products in the country.

Sec. 8. Separability Clause. - If any portion or provision of this Act is declared

unconstitutional, the remainder of this Act or any provisions not affected thereby shall 6 remain in force and effect.

Sec. 9. Repealing Clause. - Any law, presidential decree or issuance, executive

8 order, letter of instruction, rule or regulation inconsistent with the provisions of this 9 Act is hereby repealed or modified accordingly.

Sec. 10. Effectivity Clause. - This Act shall take effect after fifteen (15) days

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