The issuance of an executive order (EO) might no longer be necessary in banning e-cigarettes in the country, Justice Secretary Menardo Guevarra said on Saturday.
The Secretary cited that existing laws in the country make it possible to ban e-cigarettes without the necessity of an executive order from President Rodrigo Duterte.
“These general statutes may serve as legal basis for prohibiting or regulating vaping until a more specific law on the matter is enacted or executive order issued,” Guevarra stated.
Among the existing laws, the Secretary cited “there are certain provisions in the Consumer Code of the Philippines stating that if a product is banned in the place of manufacture (e.g., US, China, etc), that product cannot be imported, distributed, or used in the Philippines.”
“There is also an existing law banning trade in toxic or hazardous goods or substances,” he added.
The Secretary also reminded that “if the vaping product uses a tobacco derivative, it may already be covered by EO 26 banning smoking in certain public places.
Last Tuesday, Duterte declared that he has ordered the banning of vaping in the country.
With this, Duterte directed law enforcement to arrest people who are caught using vape products.
“It is toxic and government has the power to issue measures to protect public health and public interest,” he declared.
“Smoking is dangerous. Vaping is also dangerous, I am banning it. If you are smoking now, you will be arrested,” the President added.
In Central Visayas, police have apprehended a total of 184 people for using vapes in public as of Friday. But they were all released.
On the other hand, a total of 230 e-cigarettes were also confiscated.
Brig. Gen. Valeriano de Leon, director of the Central Visayas regional police, said all these confiscated devices shall be destroyed to make sure that these will not be peddled again in the streets. (Jeffrey Damicog & Aaron Recuenco)