Philippines Revises Vape Regulations: Nicotine Content Capped at 65mg/ml, Online Sales Further Tightened

Philippines DTI suspends online vape sales

The Department of Trade and Industry (DTI) in the Philippines has released revised implementing rules for Republic Act No. 11900 (RA11900), also known as the “Vaporized Nicotine and Non-Nicotine Products Regulation Act,” according to an announcement on the DTI’s official website on September 30. The document clearly states that the maximum nicotine content in vaporized products must not exceed 65mg/ml, and the DTI will work with the FDA to develop technical standards for vaporized nicotine and non-nicotine products.

Key Revisions Include:

  • Product Standards:
    The Office of Vaporized Nicotine and Non-Nicotine Products (OSMV) and the Philippine Food and Drug Administration (FDA) will jointly develop and issue technical standards for products to ensure compliance and safety. Vaporized products with nicotine content exceeding 65mg/ml are not allowed for sale in the market. Compliance with these product standards is mandatory.
  • Product Registration:
    All vaporized products and novel tobacco products must be registered with online sellers or distributors registered with the DTI or the Securities and Exchange Commission (SEC) to be sold through the internet or e-commerce platforms. Products sold and advertised online must comply with health warning requirements and other requirements of the Bureau of Internal Revenue (BIR), including tax stamps, minimum or floor prices, or other fiscal markings.
  • Online Sales:
    E-commerce platforms and social media sales facilities can only allow distributors or retailers registered with the DTI and BIR to sell vaporized nicotine and non-nicotine products, their devices, and novel tobacco products.
  • Sales and Promotion Restrictions Near Schools:
    The sale, promotion, advertising, and display of vaporized nicotine and non-nicotine products or novel tobacco products are prohibited within 100 meters of schools.
  • Designated Vaping Areas (DVA) Standards:
    Standards for DVAs have been set, and all owners or juridical persons setting up indoor DVAs within buildings and/or premises must first obtain approval from the OSMV.
  • Recall, Ban, or Seizure of Non-Compliant Products:
    The OSMV can order the recall, ban, or seizure of vaporized nicotine and non-nicotine products, their devices, or novel tobacco products that do not comply with the provisions of RA11900, the IRR, technical regulations, or their amendments.
  • Establishment of Special Task Office:
    The DTI has established the “Office of Vaporized Nicotine and Non-Nicotine Products (OSMV)” to specifically handle the management and tax collection of vaporized products. This agency will ensure that all vaporized products in the market comply with technical standards and facilitate effective tax collection.
  • Online Brand List:
    The OSMV and BIR will maintain an online list, updated monthly, of brands of vaporized nicotine or non-nicotine products, their devices, or novel tobacco products that are eligible for online sale and are registered with the DTI and BIR.

This revision aims to further strengthen the regulation of vaporized products, heated tobacco products (HTP), and their devices, ensuring that the production, sale, and distribution of these products in the Philippine market meet international standards, safeguard public health and safety, and ensure effective tax collection by the government.

The order will take effect immediately upon publication in at least two widely circulated newspapers.

Matthew Ma
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