Section 12Sec./Art. 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:

(a) These shall not be targeted to or particularly appeal to persons under eighteen (18) years of age. Markings or characters that are likely to appeal to the youth such as the use cartoons, anime, manga, animated characters, youth influencers, personalities and the like are prohibited;

(b) All product communications shall contain the following health warning: "Government Warning: This product is harmful and contains nicotine which is a highly addictive substance. This is for use only by adults and is not recommended for use by nonsmokers";

(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;

(d) Any posts, messages, or images by manufacturers, importers, retailers, and distributors depicting vaping or the use of Vaporized Nicotine and Non-Nicotine Products and Novel Tobacco Products as a lifestyle that is particularly attractive to minors, or promoting or encouraging vaping or the use Vaporized Nicotine and Non-Nicotine Products and Novel Tobacco Products for nonsmokers or minors, or the purchase or use Vaporized Nicotine and Non-Nicotine Products or the use Novel Tobacco Products, trademarks, brand names, design, and manufacturer's names as a lifestyle targeted at minors shall be prohibited;

(e) These should not undermine quit-smoking messages and should not encourage non-tobacco or non-nicotine users to use Vaporized Nicotine and Non-Nicotine Products or Novel Tobacco Products;

(f) These shall not contain any information that is false, or not scientifically substantiated, particularly with regard to product statements, characteristics, health effects, risks or emissions consistent with Section 18 of this Act;

(g) Product testing and/or demonstration shall be allowed in locations that sell Vaporized Nicotine and Non-Nicotine Products or their devices, or Novel Tobacco Products;

(h) Online advertisements on e-commerce platforms shall only be visible after the appropriate age verification measures under this Act;

(i) No Vaporized Nicotine and Non-Nicotine Product or Novel Tobacco Product advertisements may be placed on objects or places outside the premises of points-of-sale such as, but not limited to, vehicles of any kind, billboards, posters and streamers;

(j) The sale of Vaporized Nicotine and Non-Nicotine Products and Novel Tobacco Products that are packaged, labeled, presented, or marketed with flavor descriptors that are proven to unduly appeal particularly to minors shall be prohibited. A flavor descriptor is presumed to unduly appeal to minors if it includes a reference to a fruit, candy brand, dessert, or cartoon character;

(k) No Vaporized Nicotine and Non-Nicotine Product or Novel Tobacco Product shall have a medicinal or therapeutic claim on its marketing materials or packaging unless such claim is approved by the Food and Drug Administration (FDA) pursuant to Republic Act No. 9711, otherwise known as the "Food and Drug Administration (FDA) Act of 2009." No Vaporized Nicotine and Non-Nicotine Product or Novel Tobacco Product shall have an explicit reduced risk statement unless authorized by the FDA pursuant to the implementing rules and regulations under Section 24 of this Act;

(l) Reduced risk statements, which are authorized, validated, accepted, or permitted by reliable and mature national regulatory agencies, for Vaporized Nicotine and Non-Nicotine Products and Novel Tobacco Products shall be taken into consideration by the FDA in its resolution of an application for a reduced risk statement authorization and shall be resolved within eighteen (18) months; and

(m) These restrictions apply to commercial communications only and shall not prevent a company from providing information regarding its company, its products and other non-promotional information on Vaporized Nicotine and Non-Nicotine Products or Novel Tobacco Products.