Current laws vs vape sales, marketing ‘insufficient’ — study

Current Philippine laws restricting the sale and marketing of e-cigarettes and heated tobacco products are insufficient to curb the continued rise in vaping among Filipino youth, according to a study.

Research released by the Institute for Global Tobacco Control (IGTC) at the Johns Hopkins Bloomberg School of Public Health found that restrictions on the sale and marketing of tobacco and nicotine products “may not be enough” to stem the growing use of e-cigarettes among young Filipinos.

More than 2.1 million youth, or 7.7 percent of middle and high school students, currently use e-cigarettes, based on data from the 2023 National Youth Tobacco Survey.

In 2022, the government enacted Republic Act No. 11990, or the Vape Law, which allows e-cigarettes and heated tobacco products to contain flavors and lowered the minimum purchase age from 21 to 18.

The law also permits online sales and marketing of these products but bans advertisements containing flavor descriptions that “appeal particularly to minors,” such as fruit, candy, and desserts.

IGTC assistant scientist Tuo-Yen Tseng stressed that while there is broad agreement that tobacco and nicotine products should not be sold to or consumed by children or teenagers, many products are still marketed in ways that remain accessible and appealing to the youth.

In its review of 12 e-cigarette and three heated tobacco product brand websites, IGTC found youth-oriented marketing to be widespread, including fruit-flavored products and the use of cartoon characters or pop culture references.

The study also flagged claims suggesting that the products could help people quit smoking, were healthier or less harmful than cigarettes, or portrayed brands as responsible or capable of self-regulation.

IGTC’s assessment of publicly visible social media posts on Facebook, TikTok, YouTube, and Instagram further showed that 70 percent of posts contained emoticons, 22 percent showed or mentioned flavors, and nearly 20 percent featured animated characters or cartoon illustrations.

Fewer than half of the posts included health warnings, while more than one-third did not mention any age restrictions on sales.

Meanwhile, Philippine Legislators' Committee on Population and Development (PLCPD) Young Leaders Program for Tobacco Control member JL Estrella Pablico said flavors and digital marketing “remain two top concerns that the current Vape Law falls short of addressing.”

“As long as taste-tempting vapes remain legal, kids and teenagers have a target on their backs, their web browsers, and their social media feeds. While the vape industry prospers, it’s the youngest among us who are paying the price,” Pablico said.

Addressing nicotine harm

Parents Against Vape (PAV) project leader and Global Youth for Tobacco Control (Y4TC) campaign coordinator Judy Delos Reyes said stronger measures are needed to limit how vaping devices, liquids, inserts, and accessories appeal to young people.

Delos Reyes recommended barring e-cigarette and heated tobacco product brands from having an online presence and taking regulatory action against individuals or companies that post vape-related content on social media, whether through imagery, descriptions, or promotion.

The study similarly proposed policy measures such as banning non-tobacco flavored nicotine products, prohibiting the depiction or mention of tobacco and nicotine products on digital platforms, and penalizing those who post e-cigarette or heated tobacco content online.

It also called for stricter enforcement of existing regulations and harsher penalties for violators.

In November, the Department of Health (DOH) renewed its call for a nationwide ban on vape products, criticizing advertisements that misleadingly portray vaping as a safer alternative to smoking.

The DOH warned that vaping poses serious health risks, citing harmful chemicals in both vapor and devices that can cause cardiovascular disease, cancer, and lung illnesses.

In May 2024, the health department recorded the country’s first vaping-related death involving a 22-year-old male who suffered severe lung injury and acute myocardial infarction.