The said bill was approved by the Senate on third and final reading in December 2021.
DepEd in a statement Friday said “As a government institution championing young Filipinos’ well-being, we are taking a stand against the so-called “anti-health” vape bill, which will weaken existing law and the executive order against Electronic Nicotine Delivery Systems (ENDS) or Electronic Non-Nicotine Delivery Systems (ENNDS) commonly known as e-cigarettes or “vapes.”
If passed into law, the bill will erode the important provisions already set forth in Republic Act No. 11467 and Executive Order No. 106 both signed by the President in 2020 which both regulate electronic nicotine/non-nicotine delivery systems, heated tobacco products, and other novel tobacco items, DepEd said.
DepEd emphasized that the bill will lower the access restriction age from 21—as currently set by RA 11467 and EO 106—to 18 years old.
Based on DepEd’s information system in the school year 2020-2021, at least 870,000 learners in the basic education sector were 18 years old, while close to 1.1 million learners in senior high school were 18 to 20 years old.
This is the number of learners who will legally become a market of the harmful products once the bill becomes a law.
“We teach in schools how the part of the brain that is responsible for rational decisions does not fully develop until one is in their mid-twenties. Before that age, young people are very vulnerable to engaging in risky behaviors such as substance use and abuse. If there will be any attempt to amend existing laws, it should be to increase the age of access to harmful products, not lower it,” the statement reads.
The bill also permits online sales, and allows flavors other than plain tobacco and menthol, the only two flavors currently allowed by law. Further, the bill is positioned to “reduce the harm caused by smoking.”
Meanwhile, the World Health Organization (WHO) had said that “ENNDS are undoubtedly harmful,” and that flavors appealing to children and advertising through social media platforms are among the tactics employed by tobacco and related industries to attract younger generations.
A study conducted by the Philippine Pediatric Society among Grades 7-9 DepEd learners revealed that 6.7% “have tried and are using e-cigarettes,” and that the top reasons for vape use among our learners were online accessibility (32%), varied flavors (22%), and the belief that e-cigarettes are safer than tobacco (17%).
The bill also transfers the regulation of the products from the Food and Drug Administration (FDA) to the Department of Trade and Industry.
“We believe that the FDA is in the best position to regulate the harmful products, consistent with evolving medical and scientific studies, as currently expressed in RA 11467.”
“As we continue to implement a comprehensive tobacco control program in schools to safeguard the health of learners, DepEd is hopeful that our leaders and legislators will constantly champion a healthy lifestyle among our youth,” DepEd said.
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