On July 25th, 2022, the President of the Philippines officially signed off on the approval of the "Vaporized Nicotine and Non-Nicotine Products Regulation Act" becoming a Republic Act (RA 11900), which will take effect 15 days after its publication. The bill is a combination of House Bill No. 9007 and Senate Bill No. 2239 (which were separately passed by the Philippines House of Representatives and Senate on January 26th, 2022 and February 25th, 2022 respectively) and aims to regulate the importation, manufacture, sale, packaging, distribution, use, and dissemination of vaporized nicotine and non-nicotine products (including e-cigarettes) as well as new tobacco products.
The product compliance requirements state that: a) the nicotine content in commercially available vaping products cannot exceed 65mg/mL, b) refillable containers for vaping products must have child protection and tamper-proof features, as well as preventing damage and leakage, and c) the Department of Trade and Industry (DTI) must consult with the Food and Drug Administration (FDA) to establish quality and safety standards that need to be met for registered products based on international standards.
Product registration requirements: a. Manufacturers and importers of vapor nicotine and non-nicotine products, vapor product devices, heated tobacco product devices, and new tobacco products must submit proof of compliance to DTI for registration before they can be sold, distributed or advertised; b. For online sales, the DTI Secretary has the authority to issue orders, after appropriate procedures, to instruct the closure of websites, web pages, online applications, social media accounts, or similar platforms of online sellers that do not comply with the registration requirements set forth in this bill; c. The DTI and the Bureau of Internal Revenue (BIR) should also maintain a monthly updated list on their websites, specifying the eligible brands of vapor nicotine and non-nicotine products and new tobacco products for online sales registered with the DTI and BIR.
Advertising Restrictions: a. Advertising for e-cigarettes and non-nicotine products, new tobacco products, and other consumer products can be published through direct marketing and the internet, as well as at sales points or retail outlets. b. The sale of e-cigarettes and non-nicotine products that have been proven to be particularly attractive to minors is prohibited. If flavor descriptions include fruit, candy, desserts or cartoon characters, they are considered excessively attractive to minors.
Tax Requirements: (a) Steam products, supplements, HTP consumption products, or new tobacco products that are manufactured or produced in the Philippines for domestic sales or consumption must be packaged in accordance with the packaging regulations specified by the BIR and have the designated BIR label or emblem to comply with the National Tax Finance Identification Requirements Law (RA 8424) and any other applicable regulations. (b) Similar goods that are imported into the Philippines must also be packaged and labeled according to the aforementioned BIR requirements.
Online trading restrictions.
The sale or distribution of e-cigarettes, non-nicotine products and other tobacco-related products, as well as associated equipment, through the internet, e-commerce or similar media platforms is permitted provided measures are taken to ensure that those under 18 do not access the website. Internet websites must display the required markings as stipulated in the relevant legislation. Only online retailers or distributors registered with the Department of Trade and Industry (DTI) or Securities and Exchange Commission (SEC) are permitted to engage in transactions. The products sold and advertised online must comply with health warning requirements and other requirements set out by the Bureau of Internal Revenue (BIR), such as stamp tax, minimum price or other fiscal marks.
Minimum age restriction.
The minimum age for purchasing, selling, and using devices or new tobacco products containing vaporized nicotine or non-nicotine substances should be 18 years old.
The Republic Act 11900 issued by the Philippines, in conjunction with the Department of Trade and Industry's Administrative Order No. 22-06 previously released, signifies the official establishment of e-cigarette regulations in the country. It is recommended that relevant manufacturers who require it consider incorporating compliance requirements into their plans for expanding into the Philippine market.
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