Health orgs seek transfer of vape product regulation to FDA

Health organizations urged lawmakers to transfer the mandate of regulating vape products from the Department of Trade and Industry (DTI) to the Food and Drug Administration (FDA).

The proposed change is meant to address the growing concern over the possible onset of e-cigarette or vape-associated lung injuries (EVALI) among the youth.

"We call upon Philippine lawmakers to reconsider the Vaporized Nicotine and Non-Nicotine Products Regulations Act, which gave the DTI regulatory authority over electronic smoking devices (ESD). As ESDs are harmful to health, the FDA is the appropriate agency to regulate these products,” said Southeast Asian Tobacco Control Alliance (SEATCA) Executive Director, Dr. Ulysses Dorotheo.

SEATCA also welcomed the Supreme Court decision in asserting FDA regulatory oversight over the health aspects of tobacco products. The group said this paves the way for the FDA to implement tobacco control measures without interference from the tobacco industry.

“This legal battle is a classic example of the tobacco industry’s tactic to delay and derail life-saving tobacco control policies. The Supreme Court's exemplary ruling safeguards the health and well-being of all Filipinos and should be emulated by governments in other countries. We must actively protect the power of health authorities to regulate the tobacco industry and reject any attempts to undermine or discredit these health authorities,” said Dorotheo.

Public health advocate group HealthJustice also expressed its support to the DOH and FDA on tobacco jurisdiction.

It noted that there is no legal obstacle for the said agencies to exercise its jurisdiction to other tobacco products such as vapes, heated tobacco products and novel tobacco products.

“The Supreme Court ruling is a vindication of the DOH and FDA’s efforts to regulate the health aspects of tobacco products. This regulatory win is significant and timely given that our country is facing another health crisis brought by the tobacco industry through its aggressive push of vapes and heated tobacco products. The DOH and FDA should crackdown on these harmful products before it is too late for our youth,” said Atty. Alexander Padilla, former Health Undersecretary.

On Tuesday, the SC ruled that all products affecting health, including tobacco products, are covered by the FDA mandate.

The High Court reiterated that this is also in accordance with the WHO-FCTC.

The DOH welcomed the SC decision.

“We see this decision by the Supreme Court as a triumph of justice in favor of health for our people. We thank the wise Justices of the Supreme Court for this landmark decision,” the DOH said in a message to reporters. —Sherylin Untalan/RF, GMA Integrated News