Filipino Consumer Groups Demand Removal of Unregistered Vape Sellers

According to a report by Manila Bulletin on September 5th, consumer groups in the Philippines are demanding that Lazada and Shopee remove unregistered sellers of e-cigarettes and heated tobacco products (HTP) from their platforms by the end of October 2023. Previously, both e-commerce companies had made commitments to the Bureau of Internal Revenue (BIR) in the Philippines.

Anton P. Israel, the Chair of the Philippines' Nicotine Consumers Union of the Philippines (NCUP), has called on Lazada and Shoppe to fulfill their commitments by eliminating all unregistered illegal e-cigarette sellers to ensure consumers are protected from dubious products.

Bureau of Internal Revenue (BIR) Commissioner Romeo D. Lumagui Jr. informed Dr. Maria Minerva P. Calimag, the President of the Philippine Medical Association (PMA), on July 10, 2023, that Lazada and Shopee have committed to remove illegal e-cigarette sellers by late October 2023. The meeting between the agency and the e-commerce platforms discussed the "e-cigarette law" which mandates the registration of e-cigarettes, heated tobacco, and other novel tobacco products sold online.

The Philippine Medical Association (PMA) has expressed concerns over the illegal trade of vaporized nicotine and non-nicotine products, particularly on online platforms. In a letter dated March 15, 2023, addressed to Senator Pia S. Cayetano, the PMA revealed that a recent investigation has uncovered a significant presence of illegal e-cigarette products in the Philippine market, particularly on online platforms such as Shopee, Lazada, and Facebook Marketplace.

NCUP and the Consumer Choice Association of the Philippines (CCP) have revealed that there are still illegal e-cigarettes being sold on e-commerce platforms, which is a violation of Republic Act No. 11900, also known as the Vaporized Nicotine and Non-Nicotine Products Regulation Act. This legislation aims to regulate e-cigarettes and non-nicotine products. HTPS aims to protect the public while providing better alternatives for adult smokers.

Consumer organizations have previously urged the Ministry of Trade and Industry to take administrative sanctions or file lawsuits against Shopee and Lazada for continuing to sell unregistered e-cigarettes on their platforms.

According to the PMA, a quick search on these online websites reveals various tobacco and e-cigarette product posts without health warnings, despite the imposition of consumption taxes on these products. Furthermore, as this esteemed senator learned from a Senate hearing, most e-cigarette products found online, in stores, and in e-cigarette shops do not comply with the laws set by the Republic Act or the Nicotine Product Regulation Act for e-cigarette and non-e-cigarette products. They feature flavor descriptions and packaging that excessively appeal to minors.

He stated that it is impossible to verify if the products sold have been registered with the national tax bureau and have paid the correct taxes, as they lack the necessary internal revenue stamps, packaging, or label requirements.

PMA expresses confusion over the allowance of advertisement, sales, and distribution of non-compliant, unregistered, and potentially untaxed tobacco and e-cigarette products in the local market, especially online. The illegal and unregulated tobacco and e-cigarette products pose a risk to the public's well-being.