ON Monday, July 1, a tough new law went into effect in Australia to restrict vapes — vaporized nicotine and non-nicotine products and devices — to the purpose for which they were originally marketed, as a smoking cessation treatment. The new measures will effectively prevent access to vaping products by minors or anyone using vapes recreationally, and while the law does not criminalize possession or use of vapes by individuals of age, it imposes severe penalties on the unlawful importation, manufacture, advertising, supply and commercial possession of vaping goods.

By contrast, our own "vape law," or more properly, the Vaporized Nicotine and Non-Nicotine Products (VNNP) Regulation Act (Republic Act 11900), passed into law almost exactly two years ago, can be charitably described as a complete joke. It might not be if it was properly enforced, but as things have developed, access to vapes by minors is more widespread than ever, and anecdotal evidence indicates that the use of vapes has sharply increased since the law went into effect.

Under the new Australian federal law, vapes are regulated as therapeutic products, meaning that their sale is limited only to pharmacies. Tobacconists, convenience stores and other retailers, including online retailers, are strictly prohibited from selling them. Until September 30 of this year, anyone wanting to purchase a vape or vaping products must present a prescription from a doctor; from October 1 onward, people over 18 may purchase them over the counter — at the discretion of the pharmacist — but people under 18 must still have a prescription. In addition, the sale of "flavored" vape products has been severely restricted, with only mint, menthol and tobacco-flavored varieties being allowed, and products must be packaged in "plain pharmaceutical packaging."

Since it is a federal law, individual states in Australia may even impose additional restrictions through their own laws, which several jurisdictions are reportedly considering. Penalties for violating the present law are harsh and can be as high as a fine of AU$7.8 million and a jail term of seven years per violation.

While not nearly as restrictive as Australia's new law, RA 11900 sets forth measures that, at least on paper, meet its objective of preventing access and use of vapes by children under the age of 18. Retailers, both online and otherwise, are required to verify the age of their customers before selling vapes or vape products; advertising and packaging must not contain graphics or descriptions intended to appeal to young people, and the sale of vapes is prohibited within 100 meters of schools or other areas frequented by minors. The law also stipulates that the use of vapes is prohibited in schools, health care facilities and other public buildings, as well as in all other areas covered under Executive Order 26 of 2017.

Unfortunately, this otherwise reasonably protective law is completely ineffective due to non-existent enforcement efforts. Vape use by minors and others inside public spaces such as malls and restaurants is frequently observed, and reports have reached us of an alarming number of incidents of high school students being seen "vaping" within school premises. Vape products can be easily purchased by anyone without any sort of age verification being carried out, in the neighborhood or through popular online retail sites. While it does seem that vape product manufacturers have at least complied with the directive to make their packaging less appealing to young people, the products are still available in a wide array of appealing flavors.

Enforcement of RA 11900 is the responsibility of the Department of Trade and Industry (DTI), and it has clearly failed in that task. However, the blame should not fall on the DTI alone; enforcement requires the consistent cooperation of other agencies, local government units, and property owners and managers who should be aware of the law and whether or not their locators and visitors are in compliance.

The Philippines may need a tougher law against vapes, such as what Australia has implemented, but considering that now would be premature. To determine if it is necessary, the existing law must be properly enforced, and its actual results assessed. The DTI and the other agencies concerned should instead focus on ways to better coordinate their efforts on enforcement and do that job properly before any new steps are taken.