Injunction issued vs DOH order regulating use, sale of e-cigarettes

MANILA, Philippines — The Department of Health (DOH) said on Thursday that a temporary injunction order was issued against its administrative order (AO) regulating the use, sale and distribution of electronic cigarettes (e-cigarettes) and other related products.

DOH Undersecretary Eric Domingo said the injunction came after the Health Department was sued before the Manila Regional Trial Court and the Pasig Regional Trial Court.

“We are being sued by several companies one in Manila Regional Trial Court and one in Pasig [Regional Trial Court] and last week we received temporary injunctions… may pending hearings [there are pending hearings],” Domingo said in a press conference about e-cigarettes.

Domingo said the Clean Puff company in Manila and a certain Ryan Sason sued the DOH over to the said order.

Domingo said the AO issued by the DOH and the Food and Drug Administration aims to regulate the nicotine content of e-cigarettes and limit the flavors available as it could entice children to use the product.

Domingo added that the AO also administers the areas of using e-cigarettes and other nicotine-related products.

But Domingo said the manufacturers of e-cigarettes and vape products opposed the regulation of the sale of nicotine products stated under the AO.

“Ayaw nila ma-limit yung nicotine content nung produkto, yung volume na ibenta, siguro ayaw nila yung flavors. Kasi yung ibang flavor na pambata. Ito yung ayaw natin gusto natin may health warning,” Domingo told reporters after the press conference.

[They do not want to limit the nicotine content of their products. The volume of nicotine. Maybe they don’t like the flavors because other flavors are attractive for children. We don’t want this, we want a health warning.]

Health Chief Francisco Duque III said the injunction could be a “temporary setback” but added that it does not stop the DOH from informing the public on the harmful effects of vaping.

“It is a temporary setback because may TRO [temporary restraining order] but that doesn’t preclude us from spreading facts on use of harmful products,” Duque said during the press conference.

“There is no injunction for us to stop spread of information as necessitated because we are the protectors of public health and it is the view that we cannot let this go on and on and compromise the health of our children,” he added.  /muf