‘Parents Against Vape’ Hails Supreme Court Decision Affirming FDA’s Power on Tobacco’s Health Aspects

Featured image above by Nathan Salt on Pexels (thank you) shows thick white smoke from a vaper. 

Short link: https://wp.me/paaccn-Jv2

MANILA — A health advocacy group on Tuesday welcomed the decision of the Supreme Court (SC) affirming the Food and Drug Administration’s (FDA) regulatory authority over the health aspects of tobacco products.

The Parents Against Vape (PAV) said High Court’s “milestone decision” underscores the need to safeguard the health of the children and communities, holding tobacco products and vapes to rigorous standards of public health protection.

“This decision upholds our international commitments under the WHO (World Health Organization) Framework Convention on Tobacco Control, strengthening our responsibility to prioritize the welfare of Filipinos over industry interests. We stand firm in our commitment to protect future generations from the harmful effects of these products and will continue to advocate for science-based regulations to ensure a healthier tomorrow for all Filipinos,” PAV emphasizes.

The Supreme Court, PAV said, has sent a clear message: the health impacts of tobacco products are within the FDA’s mandate. This is a decision that Parents Against Vape will support as we remain vigilant in our mission to protect our youth.

Furthermore, the group has demanded the following actions to reinforce the protections afforded by this decision:

1. Reinstatement of exclusive regulatory powers over vape and tobacco products to the FDA from the Department of Trade amd Industry (DTI). Public health concerns demand that a health-focused body like the FDA, rather than the DTI, regulates these products, ensuring that decisions are guided by health science and not economic incentives.

2. Increase the minimum age for accessing vape and tobacco products to 21 years. Extensive research indicates that raising the legal access age helps reduce early initiation, with studies showing that 90% of adult smokers began before the age of 21. Raising the minimum age to 21 will protect the most vulnerable age group — our youth — from exposure and addiction, mitigating long-term health and social consequences.

Only FDA has authority 

3. Restrict vape flavors to only tobacco and menthol. Limiting vape flavors to tobacco and menthol is essential, as research shows that flavored vapes are overwhelmingly attractive to young users, enticing them with over 15,000 options. Studies also reveal that youth are more likely to initiate use with sweet or fruity flavors, which creates a pipeline to lifelong addiction.

In light of the SC’s decision, PAV said that these steps are necessary to create a safer environment for the youth.

With the decision of the Supreme Court, PAV said that they stand committed to ensuring that the regulatory framework reflects the critical need to protect young Filipinos from the dangers of tobacco and vape products.

It can be recalled the country’s High Tribunal promulgated its said ruling on tobacco products on July 24, 2024, through an En Banc decision.

The Supreme Court made the ruling as it affirmed its 2021 decision at the same time denying the motions for reconsideration of the Philippine Tobacco Institute, Inc. (PTII), and Rep. Edcel Lagman.

Republic Act No. 9711, also known as the Food and Drug Administration (FDA) Act, the agency is clothed with the authority to over all health products, as the High Court made clear.

The Supreme Court further explained that R.A. No. 9711’s implementing rules also said that the Department of Health (DOH) tbrough the FDA is responsible for regulating tobacco products.

A Regional Trial Court (RTC) ruling that favored the PTII’s petition that it’s the Inter-Agency Committee (IAC)-Tobacco that has exclusive jurisdiction on tobacco products was reversed by the High Court.

The IAC-Tobacco, the Supreme Court said, has no exclusive jurisdiction over tobacco products and the tobacco industry. (♧)

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Other sources: PAV and PNA

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