On July 25, 2022, the President of the Philippines formally signed into law the Vaporized Nicotine and Non-Nicotine Products Regulation Act as the Republic Act (RA 11900), effective 15 days from the date of publication. The Act is a merger of H.No 9007 and S.No 2239 (passed by the Philippine House of Representatives and Senate on January 26, 2022 and February 25, 2022, respectively) to regulate vaping nicotine and non- Import, manufacture, sale, packaging, distribution, use and dissemination of nicotine products (including e-cigarettes) and novel tobacco products.
This issue introduces some of the contents of the RA to help you clearly understand the regulatory regulations of electronic cigarettes in the Philippines.
Product compliance requirements
a. The nicotine content in commercially available vaporized products shall not exceed 65 mg/mL (65 mg/mL);
b. The evaporative product refill container shall be child-proof, tamper-proof, and shall be protected from breakage and leakage;
c. The Department of Trade and Industry (DTI) shall, in consultation with the Food and Drug Administration (FDA), formulate technical standards for quality and safety that must be met for registered products according to international standards. (For details, please refer to the requirements of technical regulations: “Philippines Issues New Regulations on Compulsory Certification Technology for Electronic Cigarette Products”)
Product Registration Requirements
a. Manufacturers and importers of vaporized nicotine and non-nicotine products, vaporized product devices, heated tobacco product devices, and novel tobacco products should submit information to DTI to demonstrate compliance with the registration requirements before they can sell, distribute or advertise;
b. In the case of online sales, the Minister of DTI has the power to issue an order, after due process, directing the closure of websites, web pages, online applications, social media accounts or other similar platforms of online sellers that do not meet the registration requirements set out in this Act;
c. The DTI and the Bureau of Internal Revenue (BIR) shall also maintain a monthly updated list on their website of the brands of vaping and non-nicotine products and novel tobacco products registered with the DTI and BIR that are eligible for sale online .
Ad restrictions
a. Permitting vaping and non-nicotine products, novel tobacco products, and other forms of consumer-communication advertising at point-of-sale or retail establishments, through direct marketing, and on the Internet;
b. Prohibit the sale of vaping nicotine and non-nicotine products that have been shown to be particularly inappropriately attractive to minors (if the flavor description includes fruit, candy, dessert, or cartoon characters, it is considered excessively appealing to minors).
tax label requirements
a. Vaporized products and supplements, HTP consumables, or novel tobacco products manufactured or produced in the Philippines for sale or consumption in the Philippines must be packaged in BIR-regulated packaging with a BIR-designated logo or nameplate to comply with National Tax and Fiscal Labeling Requirements Regulations (RA 8424) and other regulations that may apply;
b. Goods of similar nature imported into the Philippines must also be packaged and marked in accordance with the requirements of the above BIR.
Online Transaction Restrictions
a. Permit the sale or distribution of vaping nicotine and non-nicotine products, their devices, and novel tobacco products through the Internet, e-commerce, or other similar media platforms, provided that steps are taken to ensure that persons under the age of eighteen (18) do not have access to the site, the Internet The website shall carry the logo required by this Act;
b. Only online sellers or distributors registered with DTI or the Securities and Exchange Commission (SEC) are allowed to trade, and products sold and advertised online are subject to health warning requirements and other BIR requirements such as stamp duty, minimum prices or other fiscal markings .
Minimum age limit
The minimum allowable age for the purchase, sale and use of vaping nicotine and non-nicotine products, their devices or novel tobacco products shall be eighteen (18) years old.
The Republic Regulation RA 11900 issued by the Philippines this time, combined with the Departmental Administrative Instruction No. 22-06 issued by DTI earlier, marks the official establishment of the Philippine electronic cigarette regulatory regulations. It is recommended that relevant manufacturers in need include product compliance requirements in the Philippine market. Development plans are under consideration.
