DTI suspends online sales of vape products

Department of Trade and Industry (DTI) Secretary Fred Pascual has signed an administrative order suspending the online sale of vaping products, devices and systems on marketplaces, effective immediately, to prioritize public health and protect youth.

Pascual signed Department Administrative Order (DAO) No. 24-03, Series 2023 on July 20.

This followed the DTI-initiated ‘Kapihan’ dialogues with senior industry stakeholders including manufacturers, importers and distributors. Led by Pascual, these discussions focused on critical aspects of the industry’s regulatory landscape.

Minister Pascual stressed the need for (1) robust tracking systems to monitor the movement of goods from importer to retailer, (2) holding manufacturers and importers – not just retailers – accountable for illegal or defective products, and (3) ensuring that distributors educate retailers about legal restrictions and limitations to ensure compliance with the law.

In addition, the DTI chief acknowledged manufacturers’ concerns about unused stocks, noting that some have not ordered 90-day supplies since the transition period began. While the DTI prefers to avoid new regulations, Minister Pascual made it clear that non-compliance will result in serious consequences.

“Protecting our youth is non-negotiable. The proliferation of vaping products on online marketplaces has made these harmful substances easily accessible to minors and poses a significant threat to their health and well-being. This suspension is a necessary step to curb this alarming trend,” he said.

The DTI’s decision is based on the provisions of Republic Act (RA) No. 11900, also known as the Vaporized Nicotine and Non-Nicotine Products Regulation Act. This law mandates measures to prevent minors from accessing vapor products, especially through online channels. The suspension is also in line with the government’s commitment to promote a healthy environment and protect citizens from potential dangers related to these products.

“We want the companies to flourish, but they must comply with the law,” explained Minister Pascual. “We should not profit from sales to minors. As long as you comply, we will support you. However, you must prove that you are preventing minors from buying these illegal products.”

The Department will continue to work closely with relevant authorities to monitor the e-cigarette industry and take strict measures to ensure compliance with RA 11900.

The DTI’s Task Force Kalasag has made significant progress in regulating the e-cigarette industry, issuing 78 warnings and seizing 64,359 e-cigarette products valued at PHP29,487,100.00 in violation of regulations since its inception in April.