Tobacco industry wins big victory in Philippines

In the Philippines, Congress passed a law regulating new tobacco and nicotine products. Presented as a measure to protect and promote the rights of individuals, the regulation appears to be much more favorable to the interests of the tobacco industry than to those of public health.

Health and medical authorities, including government authorities, have denounced the failure to take their expertise into account during the hearings held as part of the parliamentary discussions on this bill.[1]. For some medical experts, the haste with which this law was adopted, in the context of the Covid-19 pandemic, demonstrates the tobacco industry's strong capacity for interference in public policies. Philippines.

A bill that facilitates initiation and consumption

The bill that was passed, promoted by its advocates under the banner of “harm reduction,” actually relaxes current regulations on new tobacco and nicotine products. For example, the legal age to buy e-cigarettes and heated tobacco has been lowered to 18, down from 21. In addition, online advertising for both products is now permitted, while the limit on marketed flavors to two flavors has been removed.[2]. These three measures, far from allowing a reduction in consumption, have the consequence of increasing the exposure of younger generations to these new products, and of encouraging the initiation and consumption of nicotine or tobacco. In February, the Ministry of Health had warned in this sense, emphasizing that if adopted, the bill would allow high schools to buy tobacco products, including in shopping centers.

Products under the jurisdiction of the Department of Trade and Industry

While these new tobacco and nicotine products should fall under the jurisdiction of the Philippine Food and Drug Administration (FDA), they will actually be regulated by the Department of Trade and Industry (DTI). The latter will thus have “exclusive jurisdiction” over “all matters” related to e-cigarettes and heated tobacco, as well as their devices. Pia Cayenato, one of the only senators opposing the bill, criticized the provision, saying the DTI has neither the experience nor the expertise to regulate these new products.

Permanent confusion between electronic cigarettes and heated tobacco

The Department of Trade and Industry recognizes these new products as "viable alternatives" for smokers wishing to quit. However, electronic cigarettes and heated tobacco are not products of the same nature. Electronic cigarettes are not tobacco products and, under certain conditions, can be considered as a complementary device to support heavy smokers in their attempts to quit. Although the risks associated with the consumption of electronic cigarettes are not sufficiently known, the scientific literature tends to demonstrate that they are less harmful than manufactured cigarettes. On the other hand, heated tobacco is a tobacco product. To date, no independent study has succeeded in demonstrating that the consumption of such a product is less dangerous than that of a traditional cigarette. Furthermore, heated tobacco, delivering nicotine quantities identical to those of a cigarette, can in no case be considered as a cessation tool.

FT

[1] Vera Files, Tobacco industry sticks to game plan amid the pandemic, 05/04/2022, (accessed 06/04/2022)

[2] Vera Files, '95% less harm?': Without scientific consensus, legislators favor 'reduced risk' claims in e-cigs, HTPs, 05/04/2022, (accessed 06/04/2022)