The Philippine Food and Drug Administration (PH FDA) took money from lobby groups to push a harder line against e-cigarettes. An investigation revealed this in the fall. And now criticism from international experts is growing.
"Legislative bodies must have a high level of public trust. Taking money from groups that have an interest in changing the law in a certain direction destroys that trust. In this case, the money comes from Bloomberg Philanthropies. They have a stated agenda to restrict access to products that can reduce the risks of nicotine use." says David Sweanora Canadian lawyer who has been active in global tobacco control for decades, told the magazine Maharlika TV.
From prohibition to regulation
The debate on e-cigarettes in the Philippines has been turbulent in recent years. The president Rodrigo Duterte went so far as to banning e-cigarettes altogether in 2019. The Minister of Health, for his part, proposed heavy regulation instead of a ban.
In fall 2020, the Philippine government decided to regulate alternative nicotine products in a similar way as in the European Union. The new law includes age verification requirements for sales (18 years), advertising bans, nicotine warnings on packaging and comprehensive product registration of both e-liquid and electronic parts. At the same time, vejping will be banned in public places.
One million e-cigarette users
The Philippines currently has around 16 million smokers and 88,000 die annually from cigarette-related diseases. According to the organization Quit for Good over one million Filipinos use e-cigarettes. And the new laws will hit both businesses and users hard, says the organization.
"One million Filipinos use vejp products to stay away from cigarettes. While we see more and more evidence that e-cigarettes are indeed a less harmful alternative, the health authorities seem to want them to go back to smoking again." Says the doctor and president of the association, Lorenzo Mata to Manila Bulletin newspaper.
The legislation has taken shape following guidance from the FDA. And according to Lorenzo Mata it is disproportionately harsh in relation to the few risks associated with e-cigarettes.
"They want to regulate e-cigarettes in the same way as new medicines. But this is not about medicines, not even close. The legislation will drive many small business owners out of business and prevent new companies from entering the market" says Lorenzo Mata
Received large sums of money
During a hearing on the Philippine Department of Public Health's new guidelines on tobacco and nicotine products, it was revealed that the department received large sums by the organizations The Union and Bloomberg Initiative. These organizations are in turn funded by Bloomberg Philanthropies and American millionaire Michael Bloomberg. Michael Bloomberg has made a name for himself as an active campaigner against the tobacco industry, but is also targeting alternative nicotine products, such as e-cigarettes and snus. That equate vejping and e-cigarettes with regular smoking is something that the Blomberg Foundations often advocate.
Also funds the WHO
Through its contributions to various organizations, including World Health Organization (WHO)Bloomberg Philathropies has a major influence on tobacco control worldwide. At the same time, a growing number of health researchers consider Bloomberg's negative attitude towards alternative nicotine products to be problematic. Fighting the development of e-cigarettes does more harm than good, according to several researchers and commentators.
"This is not about charity but pure colonialism. It is a moral agenda that will deprive smokers of the opportunity to improve their health by switching to less harmful products," says the commentator. Michelle Minton to Maharlika TV.
"Trampling on human rights"
Michelle Mintonwho works on freedom and rights issues at the US Competitive Enterprise Institute, argues that the Blomberg Foundations are pure lobbying organizations that do not care about the real needs in the countries where they have influence.
"In many countries, where access to traditional smoking cessation methods is limited, harm reduction products have an important role to play. Restricting access to low-risk alternatives is a violation of smokers' human rights," says Michelle Minton.
Requires investigation
Several Filipino politicians have now called for an investigation into how the Blomberg Foundation funded the PH FDA and what its purpose was. Attempts by an outside organization to control government agencies may prove to be a violation of law, both in the Philippines and the United States.
"We need to know how much money is involved, both in dollars and in the agency's budget. And we need to know if the funding had any counterclaim or stated purpose. That could lead to legal consequences." Says Dr. Joel Nitzkin, Chair of the US Tobacco Control Task Force, which works on harm reduction in the US, to Manila Standard.
"As bad as the tobacco industry"
He is joined by Scott D. Ballin, which previously handled tobacco regulation within the US FDA.
"If the money had come from the tobacco industry, there would have been an outcry from health stakeholders around the world. But this is no less worrying," says Scott D Ballin to Manila Standard.
He now hopes that the Philippine government will dig deeper into the matter. And that other health authorities around the world are vigilant against undue outside influence.
"Policy and legislation should be based on transparency and sound science. Receiving money, without disclosing the purpose or counterclaims, is definitely a problem. This is true both ethically and legally" says Scott D Ballin.
1.5 billion to ban flavors in e-cigs
As a foundation, Bloomberg Philanthropies has awarded over a billion dollars to tobacco control organizations around the world. The foundation is behind the Campaign for Tobacco-Free Kids, which has influence over many similar anti-tobacco movements around the world. In 2019, Michael Bloomberg announced that the foundation is investing USD 160 million (SEK 1.5 billion) in a campaign to ban flavorings in e-cigarettes in the United States. To date, a number of states introduced bans which is in line with the campaign.
Update on March 23, 2021: Since the revelation, the Philippine FDA has acknowledged that it sought and received the corresponding SEK 1.3 million by the Bloomberg Foundation The Union. The aim will be to hire staff to draft legislation around e-cigarettes and heat-not-burn products.
