Philippines Issues New Regulation on Mandatory Certification of E-Cigarettes and Non-Nicotine Products

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Department Administrative Order No. 24-11 Updates Testing and Certification Process

The Office for the Special Mandate on Vaporized Nicotine and Non-Nicotine Products (OSMV) under the Department of Trade and Industry (DTI) of the Philippines issued Supplemental Technical Regulations Department Administrative Order No. 24-11 on January 2, 2025. This order aims to regulate the mandatory product certification of e-cigarettes and non-nicotine products.

The key points of the new regulation are as follows:

1. PS Licensing Scheme

  • All e-cigarettes and heated tobacco products (HTPs) are required to obtain Philippine Standard (PS) licenses as the primary certification method for market access.
  • The PS license should cover the entire process of production, quality testing, and distribution of the product.
  • Products with valid PS licenses are allowed to be sold, and new ICC (Import Commodity Clearance) license applications will no longer be accepted.

2. Application of International Standards

  • International standards such as ISO and IEC are recognized as the basis for testing and certification.
  • Specific technical standards on battery safety (PNS IEC 62133:2015) and e-cigarette e-liquid (AFNOR XP D90-300-1:2019) have been introduced.

3. Product Testing and Review

  • In-house testing and independent testing are both allowed.
  • Different factories of the same manufacturer are allowed to conduct in-house testing, but outsourcing is prohibited.
  • Test results should be submitted directly to the DTI OSMV office to prevent intermediary interference.

4. Sampling and Batch Testing

  • For each model, 10 devices, 66 batteries, and corresponding e-cigarette e-liquid samples should be submitted for testing according to the standards.
  • Products that fail the testing need to submit a rectification plan and be re-examined, otherwise the PS license will be revoked.

5. PS Certification Mark

  • All products on the market need to have a PS mark to ensure that consumers can identify compliant products.
  • The design of the new certification mark should replace the old version as soon as possible.

6. Sales and Distribution Restrictions

  • Uncertified products are prohibited from entering the Philippine market, including online sales platforms.
  • The compliance deadline is December 31, 2024.

7. Enforcement Agency Functions

  • The OSMV office is responsible for enforcement and supervision, including setting standards, issuing licenses, and conducting spot checks.
  • The OSMV is further authorized to independently exercise the powers granted by law.

8. Transitional Arrangements

  • Products that have already obtained ICC (Import Commodity Clearance) licenses can be sold until existing inventory is exhausted.
  • All PS licenses need to be converted by the end of 2024.

The new regulation will take effect immediately after publication in the Official Gazette and two widely circulated newspapers. It represents a significant update to the testing and certification process for e-cigarettes and non-nicotine products in the Philippines, aimed at strengthening market regulation and consumer protection.

Matthew Ma
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