Localizing the implementation and to further intensify the efforts in regulating the manufacture, packaging and distribution of the Vaporized Nicotine Devices for the health protection of Pamilyang Valenzuelano, the Valenzuela City Council signed the Ordinance No. 1098, Series of 2023, last May 23, 2023.

Republic Act 11900, known as the “Vaporized Nicotine and Non-Nicotine Products Regulation Act,” lapsed into law on July 25, 2022, while Mayor WES Gatchalian was still in the office sitting as the Deputy Speaker of the 18th Congress. Despite the existence of the VAPE Law, there were still reports in relation to minors’ easy access to the said product. 

In this regard, Valenzuela 9th City Council moved with the signing of Ordinance No. 1098, Series of 2023 or the Non-Combustible Nicotine and Non-Nicotine Delivery Systems Regulations Ordinance. This recently signed order aims to regulate the manufacturing, packaging, distribution, sale, advertisement, promotion, and use of Electronic Nicotine and Non-Nicotine delivery systems, heated tobacco products, and novel tobacco products in certain public spaces, establishments, and institutions within the city of Valenzuela. 

Prior to the signing of the ordinance, Mayor WES was accompanied by the Department of Trade and Industry (DTI) Undersecretary Ruth Castelo and DTI Director on Fair Trade Enforcement Bureau Atty. Fhillip Sawali, to inspect and monitor the vape stores in Valenzuela City last May 4, 2023. Through a surprise inspection, Mayor WES and the DTI authorities found out that some of the inspected vape-selling stores did not have business permits, so the local government immediately imposed a temporary closure.

Apart from the insufficient legal documents of their business, it was also discovered that they are violating RA 11900 due to putting flavor in vape products that entice the youth. Also, their store is located near a school and a church so it clearly violates the said law.

In the signed ordinance, some of the stated mandates include the regulation of packaging and health warnings placed on vape products – it should be highly visible and in full-color, in pursuant of the Republic Act 10643, otherwise known as “The graphic Health Warnings Law.” Also, the vape products should be presented with a Tamper-Resistant and Child-Resistant Design as stated in Section 5. The ordinance also states the proper age at which vaporized nicotine products can be sold to. In line with this, it also regulates the installment of the stores to be outside the perimeter of the schools, church, parks or any public spaces.

Since the usual target market of the vape sellers are the youth, the ordinance then prohibits putting flavors on the label that might entice them to buy even more. The law also states that vape products should not be placed next to products that fall down to minors’ particular interest, therefore it should not be used in public indoor places or displayed in places where minors often see it.

Although the signed ordinance is in pursuit of regulating the Vaporized Nicotine and Non-Nicotine products, the sale and use of vape is not totally prohibited in the city as long as the provisions of the ordinance are followed. 

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