Dear PAO,

I was scrolling through my social media applications when I saw an influencer endorsing a brand of vape. The video has garnered a lot of views. As a mother, I am afraid that the video might be viewed by my children and they may be encouraged to use vape as well. Is the endorsement of vape products correct? Please help me be clarified. Thank you.

Carla A

Dear Carla A,

The State is tasked to protect public health from hazardous and addicting vices at all costs. In line with this mandate, the government has implemented regulations concerning the advertisement and promotion of vaporized nicotine or non-nicotine products.

Republic Act 11900 (RA 11900), otherwise known as “Vaporized Nicotine and Non-Nicotine Product Regulation Act,” imposes restrictions on the advertisement and endorsement of vaporized nicotine and non-nicotine products, particularly by celebrities and known personalities. Under Section 3(b) of the said law, celebrities are:

“Section 3. Definition of Terms. — For purposes of this Act, the following terms shall mean: x x x

“(b) Celebrity shall refer to any natural person who, by his or her accomplishments or fame, or by reason of his or her profession or calling, gives the public a legitimate interest in his or her doings, affairs and character. The term includes anyone who has arrived at a position where public attention is focused upon him or her as a person, such as, but not limited to, actors, athletes and other sports personalities, war heroes, famous inventors, social media influencers and explorers among others;”

Based on the stated provision, social media influencers or those who are famous on social media are included in the definition of celebrities. As people holding a position where attention is directed to them, they are covered by RA 11900.

According to Section 12 (c) of the said law, the endorsement by any celebrity of any vaporized nicotine or non-nicotine product is prohibited, viz.:

“Section 12. Product Communication Restrictions. — Advertisement of Vaporized Nicotine and Non-Nicotine Products, or Novel Tobacco Products and other forms of consumer communication shall be allowed in points-of-sale or retail establishments, through direct marketing, and on the internet: Provided, That the following guidelines shall apply: x x x

“(c) These shall not feature a minor and/or a celebrity or contain an endorsement, implied or express, by a celebrity. Manufacturers, importers, and sellers in their product advertisements are prohibited from contracting celebrities or health professionals to promote or encourage the use of Vaporized Nicotine and Non-Nicotine Products or Novel Tobacco Products;”

To answer your question, it is clear that the law prohibits the endorsement by any social media influencer of any vape products. Anyone proven to have violated the abovementioned law may face appropriate penalty under the law.

We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]