Vape industry favored in regulation squabble

October 31, 2019

THE Philippine vaping industry recently got a big favor after a Pasig trial court temporarily stopped the Department of Health (DoH) and Philippine Food and Drug Administration (FDA) from implementing an administrative order that would have imposed restrictive regulations on e-cigarettes or vapes.  

The Coalition of Asia Pacific Tobacco Harm Reduction Advocates (CAPHRA), an alliance of consumer organizations from Hong Kong, India, Indonesia, Malaysia, New Zealand, Philippines, Taiwan and Thailand, confirmed this through its local representative Clarisse Virgino.

Virgino said a Pasig City Regional Trial Court issued a Writ of Preliminary Injunction ordering DoH Secretary Francisco Duque and DOH Undersecretary and FDA Officer-in-Charge Rolando Enrique Domingo not to implement Administrative Order No. 2019-0007 entitled “Revised Rules and Regulations on Electronic Nicotine and Non-Nicotine Delivery System (ENDS/ENNDS)”, which was set to take effect on October 24, 2019.

“This means that manufacturers, distributors, retailers, importers, and/or exporters of vaping products need not follow the provisions of the DoH-FDA administrative order unless the Writ of Preliminary Injunction is lifted by the court,” Virgino said.

The court also ordered all other persons acting on or for Secretary Duque and Undersecretary Domingo’s behalf or upon their authority not to implement the administrative order while the case is still being settled, and not to exercise jurisdiction over vaping products.

The court concluded that there was an urgent need to restrain the imposition of the administrative order.

A Writ of Preliminary Injunction is a provisional or ancillary remedy that is resorted to in order to prevent a threatened or continuous irremediable injury to the parties before their claims can be thoroughly studied and educated, Virgino explained. “Its sole objective is to preserve the status quo until the merits of the case can be heard and decided by the court.”

CAPHRA aims to educate,  advocate and represent the right of adult alternative nicotine consumers to access and use of products that reduce harm from tobacco use.

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