Philippines Amends E-cigarette Regulations: Nicotine Content Must Not Exceed 65mg/ml, Online Sales Are Further Tightened

Philippines amends e-cigarette regulations: nicotine content must not exceed 65mg/ml, online sales are further tightened

The Philippine DTI issued a revised bill, stipulating that the nicotine content of atomized products shall not exceed 65mg/ml. All atomized products and new tobacco products must be sold through the Internet or e-commerce platforms by online sellers or distributors registered with the DTI or the Securities and Exchange Commission (SEC).

 

On September 30, according to an announcement released on the official website of the Philippine Department of Trade and Industry (DTI), the DTI issued revised implementation rules for Republic Act No. 11900 (RA11900) (i.e., the Vaporized Nicotine and Non-Nicotine Products Regulation Act). The document clearly stipulates that the maximum nicotine content in atomized products shall not exceed 65mg/ml, and the DTI and the FDA will jointly formulate technical standards for atomized nicotine and nicotine-free products.

 

The revisions are as follows:

 

Product standards:

 

According to Article 18 of RA11900, the Office of Special Mission for Vaporized Nicotine and Non-Nicotine Products (OSMV) and the Philippine Food and Drug Administration (FDA) will jointly formulate and publish technical standards for products to ensure their compliance and safety. Vaping products with nicotine content exceeding 65mg/ml are not permitted in the market. Compliance with these product standards is mandatory.

Product Registration:

 

Under Section 19 of RA11900, all vaping products and novel tobacco products must be sold through the Internet or e-commerce platforms by online sellers or distributors registered with the DTI or the Securities and Exchange Commission (SEC). 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 can only allow distributors or retailers registered with the DTI and BIR to sell vaping nicotine and non-nicotine products, their devices and novel tobacco products.

 

Restrictions on Sales and Promotions around Schools:

 

The sale, promotion, advertising and display of vaping nicotine and non-nicotine products or novel tobacco products within 100 meters of schools are prohibited.

 

Designated Smoking Area (DVA) Standards:

 

Sets the standards for DVAs and requires that all owners or juristic persons who wish to install indoor DVAs in buildings and/or premises must first obtain approval from the OSMV.

 

Recall, ban or seizure of non-compliant products: The OSMV may order the recall, ban or seizure from public sale or distribution of nicotine and non-nicotine vaporized products, their devices or novel tobacco products that do not comply with the provisions of RA11900, the IRR, the Technical Regulations or their amendments.

 

Establishment of a Special Mission Office:

 

To be responsible for the management and tax collection of vaporized products, the DTI has established the Office of Special Mission on Nicotine and Non-Nicotine Vaporized Products (OSMV). The agency will ensure that all vaporized products in the market meet technical standards and conduct effective tax collection.

 

Online Brand List:

 

The OSMV and the BIR will maintain an online list updated monthly of brands of nicotine and non-nicotine vaporized products, their devices or novel tobacco products registered by the DTI and the BIR that are eligible for online sales.

 

The amendment aims to further strengthen the supervision of vaping products, heated tobacco products (HTPs) and their devices, ensure that the production, sale and distribution of these products in the Philippine market meet international standards, protect public health and safety, and ensure that the government effectively collects relevant taxes.

 

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