On July 25, 2022, the President of the Philippines formally signed and ratified the Vaporized Nicotine and Non-Nonnicotine Products Regulation Act as a Republic Act (RA11900), effective 15 days from the date of enactment. The bill, created by the merger of Bills H.O9007 and S.O2239 (passed by the Philippine House of Representatives and the Senate on January 26, 2022 and February 25, 2022, respectively), aims to regulate nicotine and non-nicotine products, including e-cigarettes ) and the import, manufacture, sale, packaging, distribution, use and dissemination of novel tobacco products.

Philippine Vaping Products Regulatory Act

Product Compliance Requirements

A. The nicotine content in commercially available vaporized products shall not exceed 65 mg/mL (65 mg/mL);

B. Refill containers for evaporative products shall be resistant to damage and tampering by children and shall be protected from damage and leakage;

C. The Department of Trade and Industry (DTI) shall, in consultation with the Food and Drug Administration (FDA), formulate technical standards for quality and safety, and registered products must meet international standards. (For details, see Technical Regulations: "Philippines Releases New Technical Regulations on Compulsory Certification of Electronic Cigarette Products").

Product Registration Requirements

A. Manufacturers and importers of vaporized nicotine and non-nicotine products, vaporized product devices, heated tobacco product devices, and novel tobacco products should submit information to DTI to demonstrate compliance with registration requirements prior to sale, distribution, or advertising;

B. For online sales, the Secretary of the DTI shall have the power to issue an order after due process, directing the closure of websites, web pages, online applications, social media accounts or other similar online sales platforms that do not meet the registration requirements set forth in this Law;

c. The DTI and the Bureau of Internal Revenue (BIR) should also maintain on their website a monthly updated list of DTI and BIR registered brands that are eligible to sell vacuuming and non-nicotine products as well as new tobacco products online.

Ad restrictions

A. Permit the use of nicotine and non-nicotine products, new tobacco products, and other forms of consumer communication advertising at the point of sale or retail through direct marketing and the Internet;

B. Prohibit the sale of nicotine and non-nicotine products that are inappropriately appealing to minors (if the flavor description includes fruit, candy, dessert, or cartoon characters, it is considered excessively appealing to minors).

tax standard requirements

A. Vaporized products and supplements, HTP consumables, or novel tobacco products manufactured or produced in the Philippines for sale or consumption in the Philippines must be packaged in the BIR and carry a BIR-required logo or nameplate to comply with state tax and fiscal labeling Requirements Regulations (RA8424) and other applicable regulations;

B. Goods of similar nature imported into the Philippines must also be packaged and marked in accordance with the above BIR requirements.

Restrictions on Online Transactions

A. Permit the sale or distribution of nicotine consumer and non-nicotine consumer products, their devices, and new tobacco products through the Internet, e-commerce, or other similar media platforms, provided that steps are taken to ensure that the website and the Internet are inaccessible to persons under the age of 18. The website shall carry the logo required by this Act;

B. Only online sellers or distributors registered with the DTI or the Securities and Exchange Commission (SEC) can trade, and products sold and advertised online must comply with health warning requirements and other BIR requirements such as stamp duty, minimum prices or other fiscal markings.

Minimum age limit

The minimum allowable age for the purchase, sale and use of nicotine and non-nicotine products, their devices or new tobacco products shall be eighteen (18) years.

The issuance of Republic Regulation RA11900, along with DTI’s previous Departmental Administrative Directive 22-06, marked the formalization of e-cigarette regulations in the Philippines. Relevant manufacturers are advised to incorporate product compliance requirements into Philippine market development when necessary.