The Philippines Department Of Trade And Industry Has Issued New Regulations On The Certification Of E-cigarettes And Non-nicotine Products. The Testing And Certification Process Has Been Updated

The Philippines Department of Trade and Industry has issued new regulations on the certification of e-cigarettes and non-nicotine products. The testing and certification process has been updated

The OSMV Office under the Department of Trade and Industry of the Philippines has issued new certification regulations, requiring all e-cigarettes and heated tobacco products to obtain PS certification before they can be sold in the market. At the same time, it has introduced international standards, strengthened product testing and supervision, and ensured product safety and quality.

On January 2, the Office of Special Authorization for Atomized Nicotine and Non-Nicotine Products (OSMV), a department under the Department of Trade and Industry (DTI), issued Supplementary Technical Regulations Department Administrative Order No. 24-11, which aims to regulate the mandatory product certification of e-cigarettes and non-nicotine products.

The new regulations are summarized as follows:

PS Licensing Program: It is mandatory for all e-cigarettes and heated tobacco products (HTPs) to obtain Philippine Standard (PS) licenses as the main certification method for market access; PS licenses must cover the entire process of product production, quality inspection and distribution; products with valid PS licenses are allowed to be sold, and new ICC (import commodity clearance) license applications are no longer accepted.

Application of international standards: ISO, IEC and other international standards are recognized as the basis for testing and certification; specific technical standards for battery safety (PNS IEC 62133:2015) and e-cigarette oil (AFNOR XP D90-300-1:2019) are introduced.

Product testing and auditing: In-factory testing and independent testing; different factories of the same manufacturer are allowed to conduct in-factory testing, but outsourcing is prohibited; test results must be submitted directly to the OSMV office of the Department of Trade and Industry to prevent intermediary interference.

Sampling and batch testing: Each model must submit 10 devices, 66 batteries and corresponding e-cigarette oil samples for testing according to the standards; products that fail the test must submit a rectification plan and be re-examined, otherwise the PS license will be revoked.

PS certification mark: All products circulating in the market must be affixed with the PS mark to ensure that consumers can identify compliant products; the new certification mark design must replace the old version of the mark as soon as possible.

Sales and distribution restrictions: Uncertified products are prohibited from entering the Philippine market, including online sales platforms; the compliance deadline is December 31, 2024.

Enforcement agency functions: The OSMV Office is responsible for enforcement and supervision, including setting standards, issuing licenses and conducting spot checks; OSMV is further authorized to independently exercise the powers granted by law.

Transitional arrangements: Products with ICC (Import Commodity Clearance) licenses can be sold until the existing inventory is exhausted; all PS licenses must be converted by the end of 2024.

The new regulations will take effect immediately after publication in the Official Gazette and two widely circulated newspapers.