Philippines Resumes Online Vape Sales with Strict Age Verification

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The Philippine Department of Trade and Industry (DTI) has taken a significant step towards regulating the online sale of vapor products and novel tobacco items. On April 1, 2025, the DTI issued Department Administrative Order No. 25-04, mandating stringent age verification measures for all digital platforms selling these products. This move comes as part of the government’s efforts to prevent minors from accessing potentially harmful substances while balancing the needs of adult consumers and businesses in the digital marketplace.

The new regulations are grounded in the Philippine Constitution’s mandate to protect public health and safeguard minors from exploitation. They also align with the “Vaporized Nicotine and Non-Nicotine Products Regulation Act” (Republic Act No. 11900), which sets the framework for regulating these products.

This order follows a previous directive from July 2024 that temporarily suspended online sales of vapor products until adequate age verification measures could be implemented. The latest order effectively lifts this suspension while introducing comprehensive requirements for online sellers.

Key Requirements of the New Order

Mandatory Registration and Age Verification

All online platforms, including websites, e-commerce sites, and mobile applications, must now require users to register before they can access product pages or make purchases. This registration process involves:

  1. Submission of government-issued identification documents
  2. Provision of a face-forward photograph
  3. Verification of date of birth
  4. A declaration that the user will not allow minors to access their account

Advanced Verification Technologies

The order encourages the use of various technologies to ensure robust age verification:

  • One-time passwords (OTP) or personal identification numbers (PIN)
  • Facial recognition or biometric technology
  • Artificial intelligence to detect attempts by minors to access or purchase products
  • Image recognition to prevent non-compliant product images
  • Geofencing technology to restrict access in areas frequented by minors

Product Compliance and Reporting

Online sellers must ensure that all vapor products and related items comply with health warnings, tax requirements, and other mandatory standards specified in RA11900. The DTI will conduct regular monitoring and inspections, with relevant departments required to submit monthly reports on the effectiveness of these measures.

Implications for Businesses and Consumers

This new regulation presents both challenges and opportunities for the e-commerce sector in the Philippines:

  1. Increased Responsibility: Online platforms will need to invest in robust age verification systems and ensure strict compliance with the new regulations.
  2. Consumer Privacy Concerns: While the order emphasizes the need to protect consumer data, the extensive personal information required for registration may raise privacy concerns among some users.
  3. Market Access: Adult consumers may face additional steps when purchasing vapor products online, potentially impacting sales in the short term.
  4. Innovation in Verification Technology: The regulations may spur innovation in age verification technologies, potentially benefiting other age-restricted product categories.

Enforcement and Penalties

The E-Commerce Bureau (ECB), Fair Trade Enforcement Bureau (FTEB), and regional DTI offices are tasked with enforcing these regulations. Non-compliant entities face penalties under both RA11900 and the “Internet Transactions Act” (RA11967). The DTI also has the authority to issue takedown orders for platforms that fail to meet the new standards.

Industry and Public Health Perspectives

While the vapor product industry has generally supported measures to prevent youth access, some concerns have been raised about the potential impact on adult smokers looking to switch to potentially less harmful alternatives. Public health advocates, however, have welcomed the stricter controls, seeing them as a necessary step in protecting young people from nicotine addiction.

Looking Ahead

As the Philippines implements these new regulations, other countries in the region and beyond will likely be watching closely. The success or challenges faced in enforcing these measures could inform similar policies worldwide as governments grapple with regulating emerging nicotine and tobacco products in the digital age.

The effectiveness of these measures in preventing youth access while maintaining a viable market for adult consumers will be crucial in determining the long-term impact of this regulatory approach. As the situation evolves, ongoing dialogue between regulators, industry stakeholders, and public health experts will be essential in refining and improving these policies to achieve their intended goals.

Matthew Ma
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