DTI Fair Trade Enforcement Bureau (FTEB) Director Atty. Fhillip D. Sawali
The Philippines’ Department of Trade and Industry (DTI) has agreed to maintain strict monitoring of the vape industry and confiscate illegal products that do not meet government standards, which pose a threat to consumers, including minors.
The agency said it has checked nearly 100,000 vape shops and online stores since 2023 to implement the provisions of Republic Act No. 11900, or the Vaporized Nicotine and Non-Nicotine Products Act.
DTI’s Fair Trade Enforcement Bureau (FTEB) Director, Atty. Fhillip D. Sawali said the agency is enforcing the Vape Law to protect consumers and minors from unauthorized vape products proliferating in the market.
Sawali emphasized the DTI’s commitment to safeguarding Filipino consumers. “We want to ensure constant monitoring and enforcement operations so that illicit vape products that pose a threat to consumers, especially minors, are seized, and that appropriate actions are taken against violators of RA 11900 and its implementing rules,” he said.
The FTEB reported that since the Vape Law became effective in February 2023, it has inspected 96,151 vape firms as of August 2, 2024. These inspections included 1,412 onsite vape shops and 94,739 online stores.
The FTEB, which serves as the DTI’s regulatory and implementing arm, said that of the total inspections, only 19.25 percent of the firms were found compliant.
Of the 1,412 brick-and-mortar stores monitored, DTI-FTEB inspectors found 836, or 59.21 percent, compliant with the Vape Law. Notices of violation or show cause orders were issued to 418 non-compliant stores, while the remaining 158 stores are still under assessment.
The FTEB teams also checked 94,739 online stores, with only 17,670, or 18.65 percent, found to be compliant with the Vape Law.
The DTI-FTEB said it filed charges against 323 vape shops, including two online and 321 physical stores. It has also confiscated 87,116 vape products worth P36.38 million. These included 65,145 non-compliant products worth P29.7 million seized under Task Force Kalasag’s operations, and 21,971 items worth P6.7 million confiscated during the DTI-FTEB’s regular monitoring and enforcement operations.
In March 22024, the DTI formed Task Force Kalasag, composed of technical staff from the FTEB and DTI regional offices, to conduct nationwide monitoring and enforcement activities and ensure businesses comply with technical and legal regulations.
Since the task force began operations in April 2024, it has monitored 193 firms, issued 85 notices of violations, and confiscated 65,145 vape products with a total retail value of P29.7 million. Its largest haul was on April 23, 2024, when it teamed up with the Philippine National Police Southern Police District (PNP-SPD) in Baclaran, Parañaque City, to confiscate 45,200 units of banned Flava-brand vapes worth P24.86 million.
The FTEB said the most common violations by physical vape shops were the use of flavor descriptors (356 violations); the absence of graphic health warnings (71); lack of point-of-sale signage prohibiting sale to minors (52); locations within the 100-meter perimeter of areas frequented by minors (44); absence of age verification measures (39); use of popular and/or animated characters that appeal to minors (9); lack of business registration (9); use of vape products in designated places (2); and display of vape products near items for minors (1).
The DTI-FTEB’s online monitoring and enforcement teams also flagged 77,069 URLs or links to violative product listings among the 94,739 online firms checked. The FTEB show cause orders to 494 online stores, including 285 on Facebook, 44 on Lazada, 85 on Shopee, 71 on TikTok, and nine company websites.
Common violations by online vape merchants included the use of flavor descriptors (68,934 violations); lack of age verification measures (50,688); use of popular and/or animated characters that appeal to minors (30,119); absence of graphic health warnings (6,115); lack of point-of-sale signage prohibiting sale to minors (481); and absence of the prescribed government warning (437).
