Philippine Congress Investigates E-cigarette Brand for Tax Evasion

Nov.29.2023
Philippine Congress Investigates E-cigarette Brand for Tax Evasion
The Philippine House of Representatives has called for an investigation into Flava, an e-cigarette brand, for suspected tax evasion.

According to a report from Inquirer.net, the Philippine House of Representatives has demanded the Bureau of Internal Revenue (BIR) to verify the license and product specifications of an e-cigarette brand that is being investigated for allegedly evading billions of pesos in taxes. The committee has also issued another subpoena to e-cigarette product brand Flava and the local company DenKat Trading, believed to be involved in importing this brand.


Congressman Joey Sarte Salceda, who chairs the House Committee, has formally requested the Bureau of Internal Revenue (BIR) to send letters to the Food and Drug Administration (FDA) and the Department of Trade and Industry's Bureau of Product Standards (BPS) to verify Flava's product specifications. He also added that he has requested the BIR to examine the licenses posted on Flava's online store.


On November 28, the House Committee investigated the seizure of 1.4 million 10ml Flava disposable e-cigarettes at a warehouse in Valenzuela City on October 27. These e-cigarettes were found to lack the necessary documentation. According to Sarseda, it is suspected that Flava falsely labeled their products as traditional freebase e-cigarettes, which are taxed at a rate of 60 pesos per 10ml, rather than nicotine salts, which have a higher concentration and are taxed at a rate of 52 pesos per ml.


He pointed out that according to Article 263 of the National Internal Revenue Code, illicit transactions of variable products will face fines no less than ten times the value of the unpaid consumption tax. "The product in question, marketed as freebase nicotine, should be taxed at a rate of 60 pesos per 10 milliliters, but reports have shown that the product may have been misreported and should actually be taxed as nicotine salts, a more concentrated product with a tax rate of 52 pesos per milliliter," Salceda stated.


He added that Flava's marketing "implies that it is actually salt nicotine." According to the Vaporized Nicotine and Non-Nicotine Products Act (Republic Ordinance No. 11900), compared to freebase nicotine, salt nicotine has lower taxes because the latter is more concentrated and potent.


For a 10-milliliter equivalent, the main salt nicotine products in the market can provide 2,800 puffs. Flava markets claim to offer 6,000 to 10,000 puffs. Just based on this, one can imagine that the product is concentrated. This could potentially be a case of tax evasion amounting to 728 million pesos. If multiplied by 10, the final amount would reach 7.3 billion pesos (approximately 940 million yuan)," Salceda stated.


He also called on the Department of Finance and the BIR to come up with strategies to curb the illicit trade of e-cigarettes. "The purpose of this hearing is not just to prosecute one company, but to find ways to prevent the illegal trade of e-cigarettes, which would harm legitimate companies while allowing unregulated hazardous substances to exist in the market," said Salseda.


We welcome news tips, article submissions, interview requests, or comments on this piece.

Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn


Notice

1.  This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.

2.  The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.

3.  This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.

4.  Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.

 

Copyright

 

This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.

For copyright-related inquiries, please contact: info@2firsts.com

 

AI Assistance Disclaimer

 

This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.

We welcome any corrections or feedback. Please contact us at: info@2firsts.com

Cyprus Bill to Regulate Nicotine Pouches Expected to Reach House Plenary in Early April
Cyprus Bill to Regulate Nicotine Pouches Expected to Reach House Plenary in Early April
A proposed law to regulate nicotine pouches in Cyprus is expected to reach the House plenary session in early April. The bill, submitted by Diko MP Chrysis Pantelidis, aims to establish a regulatory framework governing the marketing, composition and quality of nicotine pouches currently circulating on the market and to incorporate them into existing smoking control legislation.
Mar.13 by 2FIRSTS.ai
Spain’s Galicia Moves First: Under-18 Vape and Energy Drink Sales and Use Banned
Spain’s Galicia Moves First: Under-18 Vape and Energy Drink Sales and Use Banned
Galicia will implement a new “Minor Health Protection and Addictive Behaviors Prevention” law this Saturday, becoming the first region in Spain to ban the sale and use of vapes for people under 18.
Mar.09 by 2FIRSTS.ai
South Dakota Senate Committee Advances Bill Tightening Nicotine Retail Rules
South Dakota Senate Committee Advances Bill Tightening Nicotine Retail Rules
South Dakota Senate Bill 221 (SB 221), which seeks to regulate the retail sale of nicotine products, has passed the Senate Health and Human Services Committee with a unanimous 7–0 recommendation. The bill was significantly amended, expanding from three to nine pages and shifting its focus from vapor products alone to all nicotine products.
Regulations
Feb.22
Thai Vape User Numbers Rose More Than 11-Fold in Three Years, Group Says Ban Should Be Reassessed
Thai Vape User Numbers Rose More Than 11-Fold in Three Years, Group Says Ban Should Be Reassessed
A network of e-cigarette users in Thailand has urged the new government to review the country’s vape ban, saying official data show that use has risen sharply despite more than a decade of prohibition.
Mar.27 by 2FIRSTS.ai
Glasgow bin lorry fires spark calls to broaden vape and battery disposal messaging
Glasgow bin lorry fires spark calls to broaden vape and battery disposal messaging
Glasgow residents have been warned that throwing batteries and vapes away at home can endanger refuse workers, amid bin lorries catching fire. The city council said it will launch a communications campaign next month to tell people to place batteries in special bins at supermarkets or household waste recycling centres, supported by a dedicated web page listing other disposal sites.
Feb.11 by 2FIRSTS.ai
Qnovia’s Heat-Free Inhalable Nicotine Replacement Therapy Posts Positive First-in-Human Data, Advances FDA and MHRA Filings as Funding Expands
Qnovia’s Heat-Free Inhalable Nicotine Replacement Therapy Posts Positive First-in-Human Data, Advances FDA and MHRA Filings as Funding Expands
U.S.-based medical startup Qnovia Inc. reported positive results from its first-in-human clinical trial of RespiRx, an inhalable nicotine replacement therapy (NRT) device designed to support smoking cessation.
Innovation
Feb.24