Vapeboss – Electronic cigarettes or vapes have been present in Indonesia since 2012. As more and more people switch from conventional cigarettes, the number of vape users continues to increase. Based on data from the Indonesian Personal Vaporizer Association (APVI), the number of vape users in 2020 reached 2.2 million people, up from 1.2 million in 2018.

The Philippines was the first country to establish specific regulations for electronic cigarettes, namely Republic Act (RA) No. 11900 or the Vaporized Nicotine and Non-Nicotine Products Regulation Act. This regulation, which differs from conventional cigarette or tobacco regulations, was enacted on July 25, 2022.

The Philippines has passed the alternative tobacco product regulation or Vaporized Nicotine and Non-Nicotine Products Regulation Act (VNNP), a law that will legalize and regulate vaping and heated tobacco products, and remove the Philippine FDA's authority over these products. The Vaporized Nicotine Products Regulation Act (SB 2239) was approved by a vote of 19-2, with two senators abstaining. The Philippine House of Representatives passed a similar bill in May. Both bills will now go to a conference committee where they will be reconciled, and both chambers will vote on the final version that emerges.

This consolidated bill will then be forwarded to President Rodrigo Duterte for signing into law or veto. The bill changes the minimum age for purchasing vaping products to 18 from the current 21, aligning the age for buying vapes with that of cigarettes and alcohol. It imposes severe penalties on retailers who sell vaping products to minors. The bill also imposes restrictions on where they can be sold, and prevents sellers from using social media influencers or celebrities in advertising, according to the Philippine Daily Inquirer.

Joey Dulay, President of the Philippine E-cigarette Industry Association (PECIA), explained that RA 11900 generally regulates the import, manufacture, sale, packaging, distribution, use, and communication of vape products such as electronic cigarettes and heated tobacco products. Joey said that RA 11900 was drafted through extensive research and meetings to provide a comprehensive regulatory framework for smoke-free products that are seen as a less harmful alternative to cigarettes. “RA 11900 regulates the industry for the welfare of consumers. We support this law because it provides comprehensive regulations that will protect consumers and promote responsible trade, ensuring that minors and non-smokers are protected,” said Joey.

The Vaporized Nicotine Products Regulation Act requires both retail and online retailers to register with the Department of Trade and Industry and the Securities and Exchange Commission. The most controversial provision of the bill is the transfer of regulatory authority over vaping and heated tobacco products from the Philippine Food and Drug Administration to the Department of Trade and Industry. The Department of Trade and Industry will create product standards and rules for sellers. The legislative contempt for the Philippine FDA was partly fueled by outrage over news that groups supported by Bloomberg Philanthropies, Michael Bloomberg's American philanthropic foundation, had funded the FDA in an attempt to influence the agency to impose strict vaping restrictions.

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