DTI suspends online sales of vape products

Fred Pascual, Secretary of the Department of Trade and Industry (DTI), has signed an administrative order suspending the online sale of vaping products, devices and systems on marketplaces with immediate effect, in order to prioritize public health and protect youth.

Pascual signed Department Administrative Order (DAO) No. 24-03, series of 2023 on July 20.

This followed the “Kapihan” dialogues initiated by the DTI with key industry stakeholders including manufacturers, importers and distributors. Led by Pascual, these discussions focused on critical aspects of the industry’s regulatory landscape.

Minister Pascual stressed the need for (1) robust tracking systems to monitor product movement from importers to retailers, (2) holding manufacturers and importers accountable for illegal or defective products, not just retailers, and (3) ensuring that distributors inform retailers of the law’s limitations and restrictions to ensure compliance.

Additionally, the DTI chief acknowledged manufacturers’ concerns about unused inventory, noting that some had stopped ordering 90-day supplies since the transition period began. While the DTI is reluctant to impose new regulations, Secretary Pascual made it clear that non-compliance will have serious consequences.

“Protecting our youth is non-negotiable. The proliferation of vaping products on online marketplaces has made these harmful substances easily accessible to minors, posing a significant threat to their health and well-being. This suspension is a necessary step to curb this alarming trend,” he said.

The DTI’s decision is anchored in the provisions of Republic Act (RA) No. 11900, also known as the Vaporized Nicotine and Non-Nicotine Products Regulation Act. The said law prescribes measures to prevent minors from accessing vaping products, especially through online channels. The suspension is also in line with the government’s commitment to promote a healthy environment and protect citizens from potential dangers associated with these products.

“We want businesses to thrive, but it has to be in line with the law,” Minister Pascual said. “Let’s not make a profit by selling to minors. As long as you comply, we will support you. However, you have to prove that you are preventing minors from buying these illegal products.”

The Department continues to work closely with relevant agencies to monitor the vape industry and implement strict measures to ensure compliance with RA 11900.

The DTI’s Task Force Kalasag has made significant strides in regulating the vape industry, resulting in the issuance of 78 violation notices and the seizure of 64,359 violative vape products – valued at PHP 29,487,100.00 – since its establishment in April.