Philippines DTI Enforces Regulations on Vape and HTP
The Department of Trade and Industry (DTI) has begun implementing regulations on Vaporized Nicotine and Non-Nicotine Products, as well as Heated Tobacco Products (HTPs), in line with DAO No. 22-06 (2022) and DAO No. 24-02 (2024). The DTI mandates businesses to obtain a valid Philippine Standard (PS) License for all covered products by December 31, 2024.
Compliance Required for Importation, Distribution, and Sale
As per DAO 24-11, which provides Supplemental Technical Regulations for DAO No. 22-06 (2022) and DAO No. 24-02 (2024), the PS License requirement applies to all vape and HTP products intended for importation, distribution, and sale in the Philippines. This includes products sold through online platforms, digital marketplaces, and brick-and-mortar stores.
Manufacturers, importers, and distributors who fail to comply with the certification deadline will be in violation of Section 18 of RA 11900, also known as the “Vaporized Nicotine and Non-Nicotine Products Regulation Act.” This section outlines technical standards to ensure the safety, consistency, and quality of these products. Additionally, Section 19 stipulates that only duly registered Vaporized Nicotine and Non-Nicotine Products, their Devices, and Novel Tobacco Products are permitted for sale, advertising, or distribution through any means.
Penalties for Non-Compliance
Businesses that do not adhere to the certification requirements will face formal charges under Section 23(c) of RA 11900, which includes the following penalties:
- First offense: A fine of PHP 100,000
- Second offense: A fine of PHP 200,000
- Third offense: A fine of PHP 400,000, imprisonment of up to 3 years, or both, at the court’s discretion. Business permits and licenses may also be revoked or canceled.
The Office for the Special Mandate on Vaporized Nicotine and Non-Nicotine Products, their Devices, and Novel Tobacco Products (OSMV) urges consumers to stay vigilant and report any violations, such as uncertified products or errant distributors and retailers.
As the vaping industry continues to evolve, it is crucial for businesses to stay informed and compliant with the latest regulations. By securing the necessary certifications and licenses, manufacturers, importers, and distributors can ensure the safety and quality of their products while avoiding costly penalties and legal consequences.
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