REGULATION AND CONSUMER PROTECTION
The Vape Law
RA11900 was enacted on July 25, 2022, by the Senate and House of Representatives of the Philippines in Congress. It is entitled An Act Regulating the Importation, Manufacture, Sale, Packaging, Distribution, Communication of Vaporized Nicotine and Non-Nicotine Products, and Novel Tobacco Products. The act is also known as the Vaporized Nicotine and Non-Nicotine Regulation Act.
The law was published in newspapers on 28 July 2022, effective on 13 August 2022. However, its full implementation was subject to an 18-month transitory period following the issuance of its Implementing Rules and Regulations (IRR). The IRR was issued on 5 December 2022, published on 13 December 2022, and became effective on 28 December 2022. The full implementation of RA 11900 took effect on 6 June 2024.
It aims to regulate the sale and distribution of e-cigarettes, vapes, and similar products in the Philippines. The law focuses on protecting the citizens from any potential hazards of vape products, ensuring the prevention of sale to minors, and preventing the presence of illicit trade.
Why Regulate Vaporized Products
| Regulations are important to protect consumers from potentially harmful, unregulated vape products that may pose significant health risks. OSMV upholds quality assurance and safety standards for products that can reach the market, reducing the possibility of unsafe or unauthorized items. By preventing illicit products, regulations allow a fair playing field for lawful businesses and ensure consumer protection from unsafe products. |
ENFORCEMENT AND COMPLIANCE MONITORING
Age Verification and Youth Protection
To prevent minors from purchasing vape products online, the DTI is implementing age verification measures and monitoring online marketplaces. Retailers must ensure that no one under eighteen (18) years old buys Vaporized Nicotine, Non-Nicotine Products, or Novel Tobacco Products, verifying buyers’ ages through valid government-issued IDs. Direct delivery is also restricted to individuals eighteen (18) and older to reinforce compliance with these regulations.
Common Vape Sales Violations
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Age Matters
Only individuals who are 18 and above can buy, sell, or use vaporized nicotine products, including devices and novel tobacco items. Let’s keep these products out of minors’ reach.
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Age Verification Required
It is the responsibility of the sellers to verify that buyers are 18 years old and above. Present a valid ID with a photo and date of birth before any purchase.
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Keep Vapes Sales Away From Schools
There shall be NO sales, ads, or demonstrations of vape products within 100 meters of schools to keep a safe distance and protect minors.
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Clear Signage of Points of Sales
Every vape-selling location must exhibit clear warnings in their stores about age requirements. Make it visible to avoid misunderstandings and unintentional sales to minors.
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Proper Product Placement
Responsible display rules prevent access to young customers. Vape products should never be placed next to items that attract minors.
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No Nicotine Shots
The sale and use of nicotine shots or concentrates are strictly prohibited for safety reasons. Stick to regulated vape products only.
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Penalties for Non-Compliance
| Violation Section | Offender | Penalty First Offense | Penalty Second Offense | Penalty Third Offense |
| Section 15 (person) | Person | Fine of P5,000.00 | Fine of P10,000.00 | Fine of P20,000.00 and revocation/cancellation of business permits and licenses (if applicable) |
| Section 17 (juridical person) | Juridical Person | Fine of P5,000.00 | Fine of P10,000.00 | Fine of P20,000.00 and revocation/cancellation of business permits and licenses |
| Sections 6, 7, 9, 10, 11, 20 | Retailer | Fine of P10,000.00 or imprisonment of up to 30 days for selling to a minor | Both fine and imprisonment apply for subsequent offenses, plus business license revocation | Owner/president/manager/senior officer held liable if committed by a business entity; minor offenders referred for intervention by DOH & DSWD |
| Sections 8, 12, 13, 14, 18 | Manufacturer, Distributor, or Retailer | Fine of P100,000.00 | Fine of P200,000.00 | Fine of P400,000.00 or imprisonment up to 3 years, or both, plus revocation/ cancellation of business permits/licenses |
| Sections 4 and 5 | Manufacturer, Importer, Distributor, or Retailer | Fine of P2,000,000.00 and imprisonment of 2 years | Fine of P4,000,000.00 and imprisonment of 4 years | Fine of P5,000,000.00 and imprisonment of 6 years, plus revocation/cancellation of business permits/licenses |
Promotional Restrictions
Trained experts and individuals who are strictly 18 years old and above may attend the promotional activities involving Vaporized Nicotine and Non-Nicotine Products. Age verification is required, and health warnings must be included in invitations. No medicinal claims are allowed unless approved by the FDA. Displays should be limited to adult-only locations. All communications must have health warnings, and promotional items cannot feature brand logos. Ads cannot be placed in media aimed at the general public or on shopping bags, and promotional merchandise cannot appeal to minors.
Sponsorship Limitations
Sponsorships in sports, concerts or cultural events are prohibited. The participants must be 18 years old and above. Health warnings should also be included in the invitation. Promotional materials must strictly be according to requirements in law and must impose age requirements. Any brand that bears its logo is not allowed in giveaways during events. These rules apply only to commercial sponsorships, allowing corporate social responsibility activities without brand names or logos.
Usage Guidelines
The use of Vaporized Nicotine and Non-Nicotine Products is banned in all indoor public places, except for Designated Vaping Areas (DVAs). It is prohibited in youth centers, hospitals, public transport, and government offices. DVAs must restrict access to individuals under 18 and be displayed in clear and visible signage.
Product Standards and Registration Requirements
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Authenticate the Packaging
Fake products often have poor-quality packaging and mismatched fonts, unclear labeling, or missing health warnings.
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Look for Authentic Certifications
Tax stamps, ISO certification, and CE markings are visible on authentic vape products to show they meet safety standards.
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Inspect the Details and Labeling of the Product
Accurate information including ingredients, warnings, and usage instructions should be displayed clearly.
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Inquire How Companies Verify Authentic Vape Products
Reputable vape brands often include serial numbers or scannable barcodes as part of their product packaging.
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Purchase from Trusted Retailers
Stick to purchasing vape products from verified and trustworthy retailers or official online platforms to avoid fake goods.
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