Section 4Sec./Art. 4

Packaging and Health Warnings. All Vapor Product Refills, HTP Consumables, and Novel Tobacco Products shall comply with the following packaging requirements:

(a)The unit packaging or any outside consumer packaging of Vapor Product Refills, HTP Consumables, or Novel Tobacco Products shall bear the following health warnings:

(i)A highly visible, full-color graphic health warning prescribed under Republic Act No. 10646,otherwise known as "The graphic Health Warnings Law,"consistent with the textual health warning required herein, which shall be printed on fifty percent (50%) of the principal display surfaces of Vaporized Nicotine and Non-Nicotine Products or Novel Tobacco Products and shall occupy fifty percent (50%) of the front and fifty percent (50%) of the back panel of the packaging.

The content, format, and specifications of the graphic health warning shall be designated by the Department of Health (DOH); and

(ii)A textual health warning which states: (1) For products that contain nicotine: "This product is harmful and contains nicotine which is a highly addictive substance. It is not recommended for use by nonsmokers."; and (2) For products that do not contain nicotine: "This product may contain a substance that is harmful. It is not recommended for use by nonsmokers."

The textual warning shall usenomore than twenty percent (20%) of the entire area of the graphic health warning and shall appear in clearly legible type and in contrast by typograph, layout and color, without the use of any border, frame or any other design that will effectively lessen the size of the textual warning.

(b)Nothing shall be printed or applied on a location where the health warning is likely to be obscured or covered, in part or in whole;

(c)Nopart of the warning may be obliterated, obscured, folded, severed or become unreadable when the package is opened or closed or when a wrapper on the package is removed;

(d)The internal revenue fiscal marking requirements underRepublicActNo. 8424, otherwise known as the "National Internal Revenue Code of 1997," as amended, and other related regulations, whenever applicable, shall be complied with:Provided, That Vapor Product Refills, HTP Consumables or Novel Tobacco Products manufactured or produced in the Philippines for domestic sales or consumption shall only be in such packages and bear such marks or brands as prescribed by the Bureau of Internal Revenue (BIR):Provided, further, That goods of similar character imported into the Philippines shall likewise be packed and marked in such manner as may be required by the BIR and that innocase shall Vapor Product Refills and/or HTP Consumables intended or offered for export shall be distributed in the local market;

(e)Thirty (30) days after the effectivity of thisAct, the DOH shall issue the template, as well as the guidelines with respect to the specific picture, design, or content of the information relating to the graphic health warning that must appear on the product packaging; and

(f)This section shall only apply to Vaporized Nicotine and Non-Nicotine Products and Novel Tobacco Products that are locally manufactured or imported and introduced in the Philippine market. Vaporized Nicotine and Non-Nicotine Products and Novel Tobacco Products intended or offered for export shall only be subject to the requirement that one (1) side panel of any box or packaging of any form that is used to store or hold containers, reams or cartons, or any other Vaporized Nicotine and Non-Nicotine Product and Novel Tobacco Product packaging for shipping or transport, and one (1) side panel of each packaging primarily intended for retail sale to consumers, shall contain the following markings and information: "For sale only in _________."

"Made under authority of _____________," taxnumberassigned by the BIR to the domestic manufacturer that exports these products, and fiscal and regulatory marking requirements of the country where the products will be ultimately sold. The BIR may allow different and distinct packaging markings requirement for Vaporized Nicotine and Non-Nicotine Products and Novel Tobacco Products produced or manufactured in the Philippines intended or offered for export to comply with the laws, rules, regulations, and issuances of the country where the Vaporized Nicotine and Non-Nicotine Products and Novel Tobacco Products will be ultimately sold.