The Philippine government published the Vaporized Nicotine and Non-Nicotine Products Regulatory Act (RA 11900) on July 25, 2022, and it went into effect 15 days later. This legislation is an amalgamation of two previous bills, H.No 9007 and S.No 2239, which were passed by the Philippine House of Representatives on January 26, 2022 and the Senate on February 25, 2022, respectively, to control the flow of nicotine and nicotine-free vaporized products (such as e-cigarettes) and new tobacco products.
This issue serves as an introduction to the RA’s contents, with the goal of making the Philippines’ e-cigarette legislation more transparent and understandable.
Standards for Product Acceptance
1. Vaporized items available for purchase cannot include more than 65 milligrams of nicotine per milliliter.
2. Refillable containers for vaporized products must be resistant to breaking and leaking and safe from the hands of children.
3. The technical standards of quality and safety for the registered product will be developed by the Department of Trade and Industry (DTI) in conjunction with the Food and Drug Administration (FDA) in line with international standards.
Regulations for Product Registration
- Before selling, distributing, or advertising vaporized nicotine and non-nicotine products, vaporized product devices, heated tobacco product devices, or novel tobacco products, manufacturers and importers must submit to DTI information proving compliance with the criteria for registration.
- The Secretary of DTI may issue an order, following due process, requiring the takedown of an online seller’s website, webpage, online application, social media account, or similar platform if the seller has not registered as required by this Act.
- The Department of Trade and Industry (DTI) and the Bureau of Internal Revenue (BIR) must have an up-to-date list of brands of vaporized nicotine and non-nicotine products and new tobacco products registered with DTI and BIR that are acceptable for online sales on their respective websites every month.
Restrictions on Advertisements
1. Allow retailers, direct marketers, and online platforms promote vaporized nicotine and non-nicotine goods, new tobacco products, and other kinds of consumer communication.
2. Vaporized nicotine and non-nicotine items that have been shown to be especially unreasonably enticing to children are banned from sale under this bill (and are considered unduly appealing to minors if the flavor depiction includes fruit, candy, desserts, or cartoon characters).
Requirements for Use in Complying with Tax Labeling
1. To comply with the National Tax Fiscal Identification Requirements Regulations (RA 8424) and other regulations as may be applicable, all vaporized products, dietary supplements, HTP consumables, and new tobacco products manufactured or produced in the Philippines and sold or consumed in the country must be packaged in packaging regulated by the BIR and bear the mark or nameplate designated by the BIR.
2. Similar goods imported into the Philippines must likewise meet the aforesaid BIR packaging and labeling criteria.
Restriction on Internet-Based Sales
1. The Internet, e-commerce, or similar media platforms may be used for the sale or distribution of vaporized nicotine and non-nicotine products, their devices, and new tobacco products, so long as precautions are taken to prevent access to the site by anyone younger than eighteen (18), and the website contains the required warnings under this Act.
2. Products sold and advertised online must comply with health warning requirements and other BIR requirements like stamp duties, minimum prices, or other fiscal markers. b. Only online sellers or distributors who are registered with DTI or the Securities and Exchange Commission (SEC) shall be permitted to transact.
Limiting Factor: Age
Vaporized nicotine and non-nicotine goods, their equipment, and new tobacco products have an age restriction of eighteen (18).
The issuance of Republic Regulation RA 11900 and the earlier Departmental Administrative Directive No. 22-06 by the DTI marks the formal establishment of Philippine e-cigarette regulatory regulations and encourages responsible manufacturers to incorporate product compliance requirements into their plans for expanding into the Philippine market.
Post time: Oct-21-2022