THE prohibition of flavors on vape products remains in effect under Republic Act 11467 or the Sin Tax Reform Act, despite the implementation of RA 11900 or the Vaporized Nicotine and Non-Nicotine Products Regulation Act, Justice Secretary Jesus Crispin Remulla said.
In a legal opinion made public yesterday, Remulla said the provisions of RA 11467 and RA 11900 were not inconsistent with each other regarding the regulation of flavor for vapor products.
To recall, former president Rodrigo Duterte signed RA 11467 into law in 2020 while RA 11900 lapsed into law two years later.
Remulla issued the legal opinion after Health Secretary Teodoro Herbosa asked for guidance on the regulations of the flavor of vape products under both legislations.
Herbosa said RA 11467 prohibits flavors in vape products other than plain tobacco or plain menthol while RA 11900 addresses the prohibition of flavor descriptors.
The DOH chief said they needed legal guidance on the matter, especially whether the prohibition of flavor descriptors under RA 11900 is inconsistent with the flavor ban outlined in the other law.
The need, Herbosa said, for the DOJ’s opinion on the issue is crucial because Section 29 of RA 11900 states that laws inconsistent with it are repealed, amended or modified accordingly.
Remulla stressed that the laws are not inconsistent with each other, saying both intend to regulate the sale and distribution of vapor products, which include vaporized nicotine or non-nicotine products.
He added that RA 11900 merely provided for specific guidelines in the marketing of such goods and did not in any way repeal the provisions on the flavor ban contained in RA 11467.
“The prohibition proscribed in the earlier law pertains to vapor products themselves, while that of the later law regulates the packaging, label, presentation or marketing of the same. We can therefore harmonize the provisions of the two laws,” Remulla’s 4-page legal opinion said.
“Seeing that there seems to be no inconsistencies between the two laws and there is no clear intent on the part of the legislature to repeal RA No. 11467, both laws shall be applied appropriately,” he added.
Remulla said the guidelines under RA 11900 for the advertisement of vaporized and non-vaporized nicotine products complement the prohibition under RA 11467 on the manufacture, importation, sale and distribution of flavored products other than plain tobacco or plain menthol in the country.
