In line with the regulation requiring mandatory product certification of all heated tobacco and vape products sold in the country, the Bureau of Philippine Standards of the Department of Trade and Industry (DTI-BPS) issued the first batch of Philippine Standard (PS) licenses for approved vaporized nicotine and non-nicotine product manufacturers.
“On or after 5 June 2024, no vape products should enter the country, especially if they do not bear product standard (PS) marks/license or ICC marks,” said DTI-Consumer Protection Group Undersecretary Amanda Nograles.
The licenses were awarded after a rigorous vetting process under the technical regulations mandating product certification for heated tobacco products (HTPs) and vape products governed by Republic Act 11900 or the Vaporized Nicotine and Non-Nicotine Products Regulation Act.
According to the DTI-BPS website which lists BPS Certified Products, a license was granted to Venture Technocom System Sdn. Bhd., the manufacturer of IQOS ILUMA heated tobacco device; and to Shenzhen Adwell Technology Co. Ltd. PS licenses will be valid for three years and must be renewed 6 months before expiration.
The manufacturers were certified in accordance with DTI DAO 22-06, Series of 2022 (New Technical Regulation Concerning the Mandatory Product Certification of Vaporized Nicotine and Non-Nicotine Products) and DTI DAO 22-16, Series of 2022 (Implementing Rules and Regulations of RA 11900).
Venture Technocom System Sdn. Bhd. and Shenzhen Adwell Technology Co. Ltd. are currently the only factories to obtain the PS mark license for any product under the vape law.
PMFTC Inc. and Royal Connections Inc. are the listed authorized importers of the IQOS ILUMA device.
Retailers of vape, heated tobacco and other novel tobacco products who have existing inventory, meanwhile, are given 6 months to dispose of their stock.
“But this January 2025, the DTI will do a market-clearing of vape products that do not have PS or ICC marks. Sellers are given at least half a year to dispose of their old stocks,” Nograles said.
During a public orientation in October 2022, the BPS said the certification will ensure that the whole products, including the device and the systems, will be thoroughly analyzed via the product standards requirement to ensure the quality of said products and to prevent illicit trade.
The DTI announced that all HTP and vape products are subject to mandatory certification beginning June 5 of this year. Distributors and retailers may continue to offer for sale vaporized nicotine and non-nicotine products that are not yet certified by BPS until January 5, 2025. After this period, only vaporized nicotine and non-nicotine products bearing a valid PS mark or ICC stickers shall be allowed for sale. Failure to obtain the license after the deadline authorizes the DTI to issue an immediate recall, ban or seizure from public sale of distribution.
The DTI, in consultation with the Food and Drug Administration (FDA), is tasked to “set technical standards for safety, consistency, and quality” of the products.
Under Sections 18 and 19 of the Vape law, all manufacturers and importers of HTP consumables, HTP devices, vapor product refills, vapor product devices and novel tobacco products are required to register with the DTI before they can sell these products to the public.
As the license is importer-specific and factory-specific, local and foreign manufacturers that sell and distribute products under the vape law such as e-cigarettes, vapes, HTPs and nicotine pouches are mandated to participate in the PS Safety and Quality Certification Scheme.
A PS license is a requirement for manufacturers of products under mandatory certification before they could distribute their goods in the market. A manufacturer’s factory and product should be compliant to relevant standards set by the government before obtaining a license. With this licensing system, consumers are assured of the quality and safety of the distributed products.