Articles worth reading
PCSO

Makati bettor wins P22 million in Mega Lotto

account_balanceMakati access_time5 days ago

A Makati bettor won the P22.1-million jackpot prize of Mega Lotto 6/45 on Nibember 15, according to the Philippine Charity Sweepstakes Office (PCSO). According to the PCSO, the lucky bettor correctly guessed the 19 – 07 – 09 &n...

Fresh Market in Quezon City

‘Fresh Market’ opens at Quezon Memorial Circle

account_balanceQuezon City access_time5 days ago

The Quezon City government has organized “Fresh Market” every weekend at the Quezon Memorial Circle to provide livelihood to farmers and give local residents access to affordable farm produce. A farmer-to-consumer program initiated ...

Metro Manila News

vaping to be legal

Filipino vapers laud Quebec court’s decision rejecting anti-vaping law provisions

account_balanceMetro Manila chat_bubble_outline0 Comments visibility

LOCAL vaping groups welcomed the Superior Court of Quebec’s recent decision rejecting key sections of the Tobacco Control Act adopted by the Quebec government in 2015, which sought to treat vaping products essentially the same as cigarettes. 

In his decision handed down on May 3, 2019 Justice Daniel Dumais accepted that cigarette smoking is a significant cause of preventable illness and death and declared that the evidence presented convinced the court that electronic cigarettes have been shown to be effective, for some people, in their efforts to quit smoking. 

The court was also convinced, in accordance with evidence presented, that using electronic cigarettes is less harmful to health than ordinary cigarettes; that it is better to vape than to smoke tobacco; and that vaping is a valid method to quit smoking.

The decision recognizes vaping as a form of harm reduction as it allows people who would otherwise smoke lethal cigarettes to get the nicotine they need or want without the inhalation of smoke. 

As the harm from cigarette use is overwhelmingly due to the inhalation of smoke rather than the nicotine, the decision underscores important lessons for harm reduction. 

The Quebec Superior Court is the highest trial Court in the province of Quebec in Canada. 

It is composed of 157 justices, including a Chief Justice, a Senior Associate Chief Justice, and an Associate Chief Justice. 

This recent development prompted the Philippine E-Cigarette Industry Association (PECIA) led by its president, Joey Dulay to air their groups plea for 

the Philippine Health department to consider the "emerging evidence supporting tobacco harm reduction and to be mindful of consumer rights".

"Like Quebec’s anti-vaping law, the recent Department of Health administrative order considers e-cigarettes as essentially the same as cigarettes, Dulay said in a statement sent to Metro News Central. 

Dulay is referring to DOH A.O. No. 2019-0007 released on June 14, 2019 which, among others, bans any form of advertising, promotion and sponsorship of vaping products; bans vaping in places where smoking is prohibited; sets guidelines and requirements for designated vaping areas that are identical with those for designated smoking areas; and prohibits the purchase, sale and offering for sale of e-cigarettes in places where sale and use of cigarettes are prohibited.

Meanwhile, another vaping group, The Vapers Philippines through its president Peter Paul Dator said that the Quebec court decision "underscores the inviolable right of consumers to be provided with accurate and complete information on and access to all available products so that they are able to make informed choices". 

It is a strong affirmation of the validity of tobacco harm reduction and sets an important legal precedent that will have persuasive value in other countries, including the Philippines,”Dator explained in a statement released to media recently. 

 

Vaping ban is a human rights violation

Among other things, Quebec’s Tobacco Control Act prohibited the promotion of vaping products and banned trials of such products at retailers. 

The Quebec Superior Court declared that these prohibitions prevented cigarette smokers in Quebec from hearing about the health benefits of switching to vaping products, from learning about how to use vaping products and from finding a product that is maximally able to replace their cigarettes.

The court further stated that denying smokers the option of trying vaping products in shops or in clinics is a violation of their rights, depriving them of access to a mechanism designed to reduce their risks and better protect their health. 

The court found that the legislated restrictions ignored the fact that the public, particularly smokers, do not distinguish between smoking and vaping.

In effect, the court acknowledged that it is sometimes necessary to educate and make people aware that vaping exists above all for smokers. 

Thus, those measures that prevented the display and trialing of products in vape shops and the communication of information to cigarette smokers on the relative risks of such products were violations of fundamental rights.

 

Respect human rights, empower consumers

According to Dator, the Quebec court’s decision is part of a global trend of courts striking down measures that seek to limit access to risk reduction strategies. 

He cited a recent Swiss Federal Supreme Court decision that used reasoning similar to the Quebec court decision in striking down a ban on snus, a low risk non-combustible Swedish tobacco product. 

Dator also pointed out that vaping products remain available in the US market as a result of a 2010 ruling by Judge Richard Leon of the United States District Court for the District of Columbia in the Sottera Inc. v. U.S. Food and Drug Administration case.

Dator cited the position of Prof. David Sweanor of the University of Ottawa Centre for Health Law, Policy and Ethics. “Moralistic abstinence-only policies, including those for nicotine, have a long history of being ineffective, undermining human rights and being ultimately overturned by courts. 

Far better to focus on effective rather than dramatic interventions, to seek to empower rather than to punish those at risk and to promote policies that respect human dignity and promote individual human rights.

date_rangeDate Published
3 months ago
shareShare article
folder_openArticle tags
content_copyCategorized under

Share your thoughts with us

Related Articles

PNP

8,000 cops to secure SEA Games in Metro Manila 

account_balanceMetro Manila chrome_reader_mode5 days ago

The National Capital Region Police Office (NCRPO) will deploy 8,000 cops on November 25 to secure local and foreign delegates of the 30th Southeast Asian Games (SEA Games). NCRPO acting director, Brig. Gen. Debold Sinas said they will deploy the pol...

Students from Rizal National Science High School measure the resistance and voltage of circuits using multimeters included in their kit as part of their training for the Tagisang Robotics Competition / PNA

Robotics competition encourages students to take up STEM

account_balanceMetro Manila chrome_reader_mode5 days ago

The Department of Science and Technology - Science Education Institute (DOST-SEI) advised students to take up STEM (science, technology, engineering, mathematics) courses in college, via a robotics competition. Launched in 2011, the "Tagisang R...

Grab Philippines president Brian Cu (3rd from right) and HPG acting director, Brig. Gen. Dionardo Carlos (3rd from left) lead the turnover ceremony of first aid kits for HPG personnel at Camp Crame Thursday / PNA

Grab provides first aid training to HPG

account_balanceMetro Manila chrome_reader_mode6 days ago

Transport service provider Grab held first aid training and donated equipment to the Philippine National Police-Highway Patrol Group (PNP-HPG). PNP-HPG acting director, Brig. Gen. Dionardo Carlos said Grab Philippines president Brian Cu provide...

Build, Build, Build Project of Duterte Administration

'Build, Build, Build' completes 10,000 km of roads

account_balanceMetro Manila chrome_reader_mode5 days ago

Department of Public Works and Highways (DPWH) Secretary Mark Villar  said nearly 10,000 kilometers of roads have been completed since President Rodrigo Duterte assumed office in June 2016. In a statement, Villar said of the 9,845 km ...

Chicken Vendor / Shutterstock

Senator wants chicken prices monitored

account_balanceMetro Manila chrome_reader_mode1 day ago

A senator called on the government to monitor the retail prices of egg and chicken. Senator Imee Marcos said the cost of small eggs reached more than PHP6 apiece, with a tray of 30 pieces priced at PHP180 and up instead of the suggested retail ...

DILG Secretary Eduardo M. Ano / PIA

ICAD launches database on campaign vs illegal drugs

account_balanceMetro Manila chrome_reader_mode5 days ago

The Interagency Committee on Anti-Illegal Drugs (ICAD) has launched the Anti-Illegal Drugs Information System (AIDIS), a web-based centralized information system that will store relevant information and figures on the illegal drugs problem from ...

Advertisement