A cause-oriented group presses its campaign to restore to the Food and Drug Administration (FDA) the power to regulate the health aspects of the tobacco industry and amend the Vape Law in light of a trial court ruling favoring the Philippine Tobacco Institute (PTI).
The HealthJustice and Parents Against Vape (PAV) invoked a Supreme Court (SC) decision affirming its previous ruling recognizing the regulatory power of the FDA over the health issues of tobacco smoking and use of vape products or electronic cigarettes.
The group asserted that the SC decision also fortified the country’s commitment under the World Health Organization Framework Convention on Tobacco Control (WHO-FCTC).
As tobacco consumption has caused more than 110,000 deaths every year in the country, the advocacy group also considered the SC ruling as a "landmark triumph" in their battle to reduce tobacco consumption and its deadly effects, especially to the youth.
Aside from the staggering and irreplaceable loss of human lives, they said the country suffers more than P215 billion in economic losses every year due to smoking.
Former Health Secretary Dr. Jaime Galvez Tan, a board Member of HealthJustice, said the decision removes any doubt and obstacle for the Department of Health (DOH) and the FDA to continue their mandate of protecting the health of the people.
"It further stopped the destruction caused by the tobacco industry,” Galvez, said.
Lawyer Alexander Padilla, a former Health undersecretary. said HealthJustice supports the position of the DOH and the FDA that it has regulatory powers over the health aspects of tobacco products.
He said the organization maintains that with the SC decision, there is no more legal obstacle for the said agencies to exercise its jurisdiction to other tobacco products such as vapes, heated tobacco products, and novel tobacco products.
“The Supreme Court ruling is a vindication of the DOH and FDA’s efforts to regulate the health aspects of tobacco products. This regulatory win is significant and timely given that our country is facing another health crisis brought by the tobacco industry through its aggressive push of vapes and heated tobacco products. The DOH and FDA should crackdown on these harmful products before it is too late for our youth," Padilla stressed.
The PAV viewed the ruling as an opportunity to return to the FDA the regulatory power over vape and electronic cigarette products.
PAV president Rebie Relator said this is another reason for the legislators to amend the Vape Law.
The PAV has been consistently calling on Congress to amend the law and return the regulatory power to FDA.
"It’s about time that our legislators do their part to correct the Vape Law.
The case stemmed from the efforts of the DOH and FDA to regulate the health aspects of tobacco products in view of smoking’s grave and serious consequences to Filipinos’ health.
However, the tobacco industry, through the PTI, challenged before the Regional Trial Court (RTC) of Las Piñas the issuances of the DOH and FDA.
RTC acting Presiding Judge Romulo Villanue ruled in favor of PTI and declared the issuances of the DOH and FDA null and void.
