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
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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Product Standards and Registration Requirements
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

Sponsorhip Limitations

Usage Guidelines

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
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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Section 6. Minimum Age Sales and Purchase. — The minimum allowable age for the purchase, sale and use of Vaporized Nicotine and Non-Nicotine Products, their devices, or Novel Tobacco Products shall be eighteen (18) years old.

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Section 7. Proof-of-Age Verification. — Retailers shall ensure that no individual below eighteen (18) years of age is allowed to purchase Vaporized Nicotine and Non-Nicotine Products, their devices, or Novel Tobacco Products. It shall be the responsibility of retailers to verify the age of buyers.1 For this purpose, the presentation of any valid government-issued identification card exhibiting the buyer’s photograph and age or date of birth shall be required. Retailers shall ensure direct delivery only to individuals who must be eighteen (18) years old and above.

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Section 9. Sales and Promotion within School Perimeters. — The sale, promotion, advertising, and product demonstration of Vaporized Nicotine and Non-Nicotine Products or Novel Tobacco Products within one hundred (100) meters from any point of the perimeter of a school, playground or other facility frequented particularly by minors shall be prohibited.

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This clear statement should be indicated:

“The sale or distribution of Vaporized Nicotine and Non-Nicotine Products to or by persons below eighteen (18) years of age is illegal. These products are harmful and contain nicotine which is a highly addictive substance. It is not recommended for use by nonsmokers.”

Section 10. Point-of-Sale Signage. — Point-of-sale establishments offering, selling, or distributing Vaporized Nicotine and Non-Nicotine Products shall post the following statement in a clear and conspicuous manner.

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Section 11. Display of Products. — Vaporized Nicotine and Non-Nicotine Products and Novel Tobacco Products shall not be displayed immediately next to products of particular interest to minors.

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Section 20. Restriction on the Retail and Sale of Nicotine Shots. — The retail or use of nicotine shots and/or concentrates shall be strictly prohibited.

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Ensure the packaging includes a highly visible, full-color graphic health warning that occupies 50% of the front and 50% of the back panel of the packaging.

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Unauthorized or counterfeit products may lack these or appear unclear and inconsistent texts.

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Red flags in products could be vague and missing details, poor quality packaging that do not seem tamper-resistant.

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To confirm the authenticity of the product, check the serial number or barcode by scanning it or entering it on the manufacturer’s official website. Alternatively, you can contact their customer service for direct verification. This will help ensure you are purchasing a genuine product that adheres to safety standards.

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Look for transparency in the seller’s communication, such as clear product information, customer reviews, and accessible contact details. Refrain from using platforms with limited reviews or suspiciously low prices.

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