The Department of Trade and Industry (DTI), through the Office for the Special Mandate on Vaporized Nicotine and Non-Nicotine Products, their Devices, and Novel Tobacco Products (OSMV), directs e-commerce and other digital platforms to immediately takedown illegal vapor product sales after uncovering violations in the sale of vapor products online.
Monitoring efforts uncovered that certain online merchants across various e-commerce platforms are engaged in the sale, or offering for sale, of uncertified vapor products. These products lack the required fiscal markings or tax stamps, and Philippine Standard (PS) License marks—in violation of Sections 4(d) and 18 of Republic Act No. 11900 (RA11900), or the Vaporized Nicotine and Non-Nicotine Products Regulation Act; Republic Act No. 4109 (RA4109), commonly known as the Standards Law; and Department Administrative Order No. 02, Series of 2007 (DAO2) (2007).
In line with Sections 21 and 22 of Republic Act No. 11967 (RA11967), or the Internet Transactions Act of 2023, all e-commerce and other digital platforms are required to prohibit the sale and advertisement of regulated goods unless sellers provide the necessary permits, licenses and relevant information. Platforms must ensure that all sellers are contractually obligated to comply with applicable sales procedures, limitations, and legal or local government requirements.
All e-commerce and other digital platforms are ordered to immediately remove the webpages, platform listings or applications of merchants identified as offering illegal or uncertified vape products.
Platforms are given a strict seven day countdown for compliance to remove violative listings.
E-commerce and other digital platforms that fail to comply may be subsidiarily or solidarily liable with the merchants and will face administrative and legal proceedings, including fines under RA11900, RA11967, RA7394, other trade and industry laws, and may have their operations suspended in the Philippines.
Violations may be reported to the DTI OSMV via email at OSMV@dti.gov.ph or OSMV_Comms@dti.gov.ph.
For consumer complaints involving vape products, individuals may register and file their concerns through the DTI Consumer Care System at ConsumerCare.dti.gov.ph.
