Philippines temporarily suspends online sales of heated tobacco, vaping products

The Philippines' Department of Trade and Industry (DTI) has temporarily banned the online sale of all heated tobacco products and vaping devices.[1]The DTI said the order was primarily motivated by the need to prevent the sale of vaping products to minors under the age of 21 and to ensure that products sold online meet the safety standards set by the New Tobacco and Nicotine Products Act (NTP).Republic Act No. 11900).

Health experts in the Philippines have called for stricter rules against new tobacco and nicotine products, citing their sale to young people and aggressive marketing against them. According to the latest survey According to the Global Youth Tobacco Survey (GYTS), 14.1% of Filipino adolescents aged 13 to 15 reported using vaping products at the time of the survey.

Specific legislation for new tobacco and nicotine products

Since July 2022, Republic Act No. 11900 or the “Vaporized Nicotine and Non-Nicotine Products Regulation Act” regulates almost all aspects of heated tobacco and vaping products. It gives the Department of Trade and Industry exclusive jurisdiction over these products[2]. Products are subject to product standards issued by the DTI in consultation with the Philippine Food and Drug Administration (FDA). The FDA has the authority to permit the use of “medicinal or therapeutic claims” and has the explicit authority to permit “reduced risk claims” on marketing materials for tobacco and nicotine products, pursuant to Republic Act No. 9711.

Republic Act No. 11900 provides for a series of measures governing the importation, assembly, manufacture, sale, packaging, distribution, use, advertising, promotion and sponsorship of these products. It aims to prevent minors from having access to new tobacco and vaping products, particularly through online channels but also at points of sale. In the latter, the sale, promotion, advertising and demonstration of these products are prohibited within one hundred meters of any point within the perimeter of a school, playground or any other facility frequented in particular by minors. It also delimits public spaces where the consumption of these products is authorized and requires, among other things, the affixing of health warnings on packaging.

Non-compliant vaping products on sale

The DTI said it has identified numerous and repeated violations of Act 11900 regarding these products. It says many vaping products are being sold illicitly in the country because they are not registered with the Department of Trade and Industry and the Bureau of Internal Revenue, citing the example of many brands of disposable e-cigarettes (puffs). The department says this allows retailers to sell their products up to 30 times cheaper and makes them easier for younger consumers to access. The DTI thus cited the need to establish robust tracking and tracing systems to monitor the movement of tobacco and vaping products between importers and retailers, hold manufacturers and importers accountable for illegal or defective products, and ensure that manufacturers inform retailers of the limitations and restrictions imposed by the law to ensure compliance.

The ministry said the ban will be lifted if manufacturers and retailers submit to the DTI a copy of their licenses, permits and registrations with the Tax Bureau. The DTI also requires e-commerce platforms that sell these products to enter into a contract with retailers and comply with regulations governing these new products, including presenting and submitting measures to ensure compliance with the verification of the buyer's proof of age.

Due to their rapid development and the increase in consumption among adolescents and young adults, more and more countries are taking additional measures to regulate new tobacco and nicotine products more strictly.

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[1] Vivienne Angeles, Online sale of vape products banned, Daily Tribune, published July 19, 2024, accessed July 23, 2024

[2] https://www.tobaccocontrollaws.org/legislation/philippines