Articles worth reading
Elevated parkway in Ortigas

Recto proposes elevated walkways

account_balanceMetro Manila access_time5 days ago

From just four types, a senator is pressing the Department of Public Works and Highways (DPWH) to debut next year a fifth – elevated walkways – in its infrastructure menu. “It is time to elevate wide pedestrian and bike lanes, whet...

Valenzuela City Mayor Rex Gatchalian with Kezhia Tachiana Mangin / Valenzuela PIO

Taekwondo medalist meets with Valenzuela mayor

account_balanceValenzuela access_time4 days ago

Young Taekwondo champion, Kezhia Tachiana Mangin of Colegio de Sta. Cecilia, pays Mayor Rex Gatchalian a courtesy call at the City Hall on August 15, 2019. Mangin bagged a bronze medal in the 2019 World Cadet Taekwondo Championships held in Uzbekist...

Pasig City Hall

Sotto promises big changes in Pasig

account_balancePasig access_time5 days ago

Residents of Pasig will feel major changes in the city starting 2020, according Mayor Vico Sotto said. In a Facebook post, Sotto shared that he had met with local officials Friday to plan the city’s supplemental budget for 2019 and the ap...

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 weeks ago
shareShare article
folder_openArticle tags
content_copyCategorized under

Share your thoughts with us

Related Articles

Marikina City Mayor Marcelino Marcy Teodoro / PNA

Marikina set to open obstruction-free public market 

account_balanceMarikina chrome_reader_mode4 days ago

 A new public market zone that will be opened this year will keep the roads of Marikina City free from obstruction, according to Marikina City Mayor Marcelino “Marcy” Teodoro. Teodoro said the P11-million Marikina City Bagong Sibol ...

Valenzuela City Mayor Rex Gatchalian with Kezhia Tachiana Mangin / Valenzuela PIO

Taekwondo medalist meets with Valenzuela mayor

account_balanceValenzuela chrome_reader_mode4 days ago

Young Taekwondo champion, Kezhia Tachiana Mangin of Colegio de Sta. Cecilia, pays Mayor Rex Gatchalian a courtesy call at the City Hall on August 15, 2019. Mangin bagged a bronze medal in the 2019 World Cadet Taekwondo Championships held in Uzbekist...

Elevated parkway in Ortigas

Recto proposes elevated walkways

account_balanceMetro Manila chrome_reader_mode5 days ago

From just four types, a senator is pressing the Department of Public Works and Highways (DPWH) to debut next year a fifth – elevated walkways – in its infrastructure menu. “It is time to elevate wide pedestrian and bike lanes, whet...

People Vaping in public / Winson Wong / SCMP

Groups slam bill hiking taxes on e-cigs, heated tobacco

account_balanceMetro Manila chrome_reader_mode4 days ago

The Philippine E-Cigarette Industry Association (PECIA) and The Vapers PH have criticized the hasty passage of a House bill significantly raising excise taxes on e-vapor products and making the tax rates virtually the same as regular cigarettes. Bot...

Isko Moreno

Isko Moreno wants tougher meat inspections

account_balanceManila chrome_reader_mode20 hours ago

Manila City Mayor Francisco "Isko Moreno" Domagoso asked the Veterinary Inspection Board (VIB) to intensify its routine meat inspections in the nation's capital. During an urgent broadcast of #TheCapitalReport, Domagoso said he has als...

ManilART assembles world-class Filipino art into 5-day national fair for its 11th year / Asian Traveler Online

ManilART to showcase world-class Filipino talents

account_balanceTaguig chrome_reader_mode6 days ago

As the Philippines’ first visual arts fair, ManilART is gearing up once more to demonstrate the world-class talent, skill, and vision of Filipino artists at SMX Aura, Taguig City from October 9 to 13. ManilART is a flagship project of the Nati...

Advertisement