Senators slammed the Department of Trade and Industry (DTI), the implementing agency of the VAPE Law, over the proliferation of banned vape flavors sold in outlets targeting the youth in plain view and in clear violation of the law.
Sen. Pia Cayetano, chairman of committee on sustainable development goals, innovation and futures thinking, and Majority Floor Leader Joel Villanueva took turns during the hearing Friday, Feb. 10, in expressing their frustration on the inability of the DTI to exercise its police powers to stop the sale of restricted vape flavored products.
Alarmed, Cayetano earlier sponsored a resolution supported by all Senators calling for an investigation on the violation of the RA 11900, otherwise known as the Vaporized Nicotine and Non-Nicotine Products Regulation Act), which became the VAPE Law on July 25, 2022.
The VAPE law is very specific allowing only the sale of VAPE-flavored products but not flavors that are attractive to the youth like fruits, and candies with cartoon character designs and others that are appealing to the youth.
Villanueva enumerated some of the VAPE flavors that are very attractive and appealing to minors such pastries, coffee, yakult, gulaman, ube, leche flan, halo-halo, turon, or what he called a “buffet of flavors or buffet of desserts” being peddled without the warning on hazard to health and in very accessible outlets and online shops and in very attractive packaging like cartoon characters, including his daughter’s favorite.
Cayetano and Villanueva were particularly disappointed by the lengthy DTI process in which they implement their mandate.
Representing the DTI Consumer Protection Group, Assistant Secretary Ann Claire Cabochan reported that based on the monitoring by DTI’s Fair Trade Enforcement Bureau (FTEB) they have recorded 23 violations of which 16 have been issued “show cause orders”. During the investigation period, the parties involved are given 15 days to submit their position and another 15 days of hearings.
On product registration, Cabochan explained that there is an 18-month transition period for manufacturers and distributors to comply. But even before the transition period, DTI already issued a technical regulation on Vape on June 15, 2022 but the agency is still in the process of formulating the product standards on these new cigarette alternatives.
While DTI has the police power to confiscate the VAPE products, the agency also admitted that it has not confiscated any of the banned flavored vape products.
Villanueva that DTI should have immediately suspended the sale or confiscated these products during their monitoring as they are empowered to do under the law. Villanueva cited Sections 23 and 19 of the law, which empowers of DTI to confiscate when there is flagrant violation.
“We don’t agree because DTI is empowered, and if ever, we consider the Food and Drug Administration to come in,” said Villanueva, who asked DTI if it has also issued show cause order to one online brand that has already sold 14,300 of its prohibited VAPE products.
Cabochan said that FTEB has also issued show cause orders to 44 online firms, but it was not clear if these firms include the sale of prohibited vape flavors.
Bother senators wondered why DTI is just issuing “show cause order” when the violation is conducted in plain view. “When in plain view, that is subject to seizure. Wala yung rules nyo (Your rules are useless). Am not happy with what am hearing from DTI,” she said.
“My God!” exclaimed the exasperated lady senator as she narrated that DTI has been shown confiscating construction materials and tires for “picture taking” but not on products that endanger the lives of the youth.
The lady senator further said that the system and various requirements being imposed by DTI in the enforcement of the VAPE Law is just adding to the bureaucracy. She was asking if there is “room for change to be able to protect the youth.”
In relation to the health issue, she cited peer reviewed studies that contradict advocates of VAPE and other novel e-cigarettes, heated e-cigarettes, among others as safer alternatives to the traditional cigarettes.
In the UK, she said, they were permissive before in this kind of products but is now alarmed by the number of people hospitalized because of vape.