FRUIT flavors and Hello Kitty packaging. Products with these features are sure to be attractive to kids. But these designs are being used as skin wraps or stickers on e-cigarettes and vape products.

Senators say these are clear violations of the law.

Sen. Pia Cayetano called attention to this problem on Monday, prompting the Senate to adopt a resolution calling on the Department of Trade and Industry to enforce the law that seeks to protect minors from these products. The Senators also condemned selling and marketing vape products to the youth. 

“We come up with the best possible laws. It’s not, unfortunately, implemented by the executive,” said Senate President Juan Miguel Zubiri. 

The approval of the resolution came after Cayetano’s privilege speech, where she exposed the marketing of vape products and e-cigarettes to a younger audience. 

Republic Act 11900, which regulates the sale of vaporized nicotine and non-nicotine products, prohibits the sale of these products that are packaged, labelled, presented, or marketed with flavor descriptors that are proven to appeal, particularly to minors.

A flavor descriptor is presumed to unduly appeal to minors if it includes a reference to a fruit, candy brand, dessert, or cartoon character, it states. 

The law also states that the minimum allowable age for the purchase, sale and use of the products is 18 years old. 

Target: young people

But Cayetano found brightly colored vape products for sale with flavors like melon, mango, and grape. It also showed a character on a skateboard, which she said is clearly designed to appeal to the youth as skateboards are predominantly used by young people. 

“It’s a freaking skateboard. Sino ba nagse-skateboard na may edad? There are a few actually. But predominantly, skateboarders are young people,” she said. 

Other vape and e-cigarette products have Pokemon and Sanrio characters Hello Kitty and My Melody on the packaging. Still, more products use the packaging design of popular candy and chocolate brands. 

“So this is what we’re confronted with,” she said.

Youth at risk 

According to Cayetano, companies manufacturing vape and e-cigarette products are targeting the youth so that they can hook them on the products for the years to come. 

“Why do they target the youth? Because that is their future market. The minute you hook a young person, kliyente mo na yan for the next 20, 30, or 40 years. That’s why they are targeting it this way,” she said.

There are even disposable vapes that make the products affordable and accessible for many Filipinos, she said.

According to her, an estimated 2.7 million Filipinos are currently using e-cigarettes or vaping devices.

The dangers 

Their health may be at risk as there is more research coming out to show the harmful effects of e-cigarettes and vapes. 

One report suggests that these may be even more damaging to the lungs than cigarette smoking, she said. 

In 2020, the US Centers for Disease Control and Prevention also confirmed 2,807 e-cigarette or vaping use cases associated with lung injury, otherwise known as EVALI. 

She called for caution in touting vapes and e-cigarettes as alternatives to regular cigarettes. 

“This is a new product, hinay-hinay lang sa pag-eendorse. Yun lang naman ang ayaw ko mangyari. We treat this product as the savior when there is no evidence yet that it is safer for the youth and even for senior citizens,” she said. 

She noted that she could not control what adults choose to do, but the state can protect the youth by prohibiting these products from being marketed to them. 

“And now, we can see evidence that they are really targeting the youth,” she said. 

Other provisions of RA 11900

The law regulating the sale of vaporized nicotine and non-nicotine products also prohibits the sale, promotion, advertising, and product demonstration of vaporized, non-nicotine products or novel tobacco products within 100 meters from a school, playground or other facility frequented particularly by minors.

The products also can’t be displayed immediately next to products of particular interest to minors.

Establishments are also required to post a sign saying the sale and distribution of vaporized nicotine and non-nicotine products to persons below 18 years old is illegal and that the products contain nicotine, a highly addictive substance. 

The law also requires the unit packaging or any outside consumer packaging of vapor product refills, heated tobacco products, or novel tobacco products to contain health warnings.

These should include graphic and text health warnings. 

The receptacles of vapor product refills must also be child-resistant, tamper-resistant, and protected against breakage and leakage.