Revised Regulations on Nicotine and Non-Nicotine Vaping Products

On September 30th, the Department of Trade and Industry (DTI) of the Philippines announced on its official website the implementation guidelines for Republic Act 11900 (RA11900), also known as the "Vaporized Nicotine and Non-Nicotine Products Regulation Act." The document specifies that the maximum nicotine content in vapor products should not exceed 65mg/ml, and the DTI, along with the Food and Drug Administration (FDA), will collaborate on setting technical standards for vaporized nicotine and non-nicotine products.

The revised content is as follows:

Product standards:

According to Section 18 of RA11900, the Office for Special Tasks on Vaping Products containing Nicotine and Non-Nicotine (OSMV) will work together with the Philippines FDA to formulate and release technical standards for products to ensure their compliance and safety. Vaping products with a nicotine content exceeding 65mg/ml are not allowed to be sold in the market. Compliance with these product standards is mandatory.

Product registration:

According to Article 19 of RA11900, all vapor products and novel tobacco products must be sold online through sellers or distributors registered with the DTI or Securities and Exchange Commission (SEC) to be sold through the internet or ecommerce platforms. Products sold and advertised online must comply with health warning requirements and other requirements of the Bureau of Internal Revenue (BIR), including tax stamps, minimum or floor prices, or other fiscal markings.

Online sales:

E-commerce platforms and social media sales facilities are only allowed to sell vaporized nicotine and non-nicotine products, their equipment, and novel tobacco products by distributors or retailers registered with the DTI and BIR.

Restrictions on sales and promotions around the school.

It is prohibited to sell, promote, advertise, or display vaporized nicotine and non-nicotine products or new tobacco products within 100 meters of schools.

Designated Smoking Area (DVA) standards:

The standard for the installation of a DVA has been established, requiring individuals or entities looking to install indoor DVAs in buildings and/or locations to first obtain approval from the OSMV.

Illegal products recalled, banned, or confiscated: OSMV can order the recall, prohibit, or seize from public sale or distribution any mist nicotine and non-nicotine products, their equipment, or new tobacco products that do not comply with RA11900, IRR, technical regulations, or their amendment provisions.

Establishment of the Special Task Office:

In order to specifically manage and oversee the taxation of vapor products, DTI has established the "Special Task Office for Vaporized Nicotine and Non-Nicotine Products (OSMV)". This agency will ensure that all vapor products on the market meet technical standards and are effectively taxed.

Online Brand List:

OSMV and BIR will maintain a monthly updated online list, listing brands of atomized nicotine or non-nicotine products, their devices, or new tobacco products eligible for online sale registered by DTI and BIR.

The revision aims to further strengthen the regulation of atomized products, heated tobacco products (HTP), and their equipment, ensuring that these products produced, sold, and distributed in the Philippines market meet international standards, safeguarding public health and safety, and ensuring that the government effectively collects relevant taxes.

The order will take immediate effect after being published in at least two widely circulated newspapers.