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The Department of Trade and Industry (DTI) has issued new guidelines to strengthen regulations on vape products, cracking down on flavor descriptors that could entice children and reinforcing import policies.
The DTI announced in a social media post on Friday, Aug. 8, that it has issued new policies to strengthen the government’s efforts to safeguard public health from vaporized nicotine and non-nicotine products.
Under Department Administrative Order (DAO) No. 25-09, the DTI moved to strengthen the prohibition of using vape flavor descriptors in advertising, sales, and display.
The DTI said this order strengthens rules to detect flavor descriptors that “unduly attract minors,” as aligned with the government’s commitment to protect the youth and public health.
As embodied under Republic Act (RA) No. 11900, or the Vaporized Nicotine and Non-Nicotine Products Regulation Act, advertisements and packaging that target minors are strictly prohibited.
“In the interpretation or appreciation of a flavor descriptor, the paramount consideration shall be the protection of minors, and the promotion of health,” it said.
Under the order, any reference to fruits, candies, desserts, cartoon characters, anime, manga or animated characters shall be presumed to be unduly appealing to minors—therefore, illegal.
In the same manner, word, color, image, symbol, shape, or place name, as well as reference to a celebrity or pop culture, are also prohibited if it was found enticing to children.
Violators of this order will face penalties under RA 11900, including applicable administrative fines and other sanctions under DTI regulations.
As cited in the law, penalties cover fines ranging ₱5,000 to ₱5,000,000 with possible imprisonment and revocation of business permits.
“The DTI calls on manufacturers, importers, distributors and retailers to comply with the new regulations on identifying flavor descriptors,” it said.
Meanwhile, under DAO 25-10, the DTI imposes new regulations in the importation of non-Philippine Standard (PS) license of vape products.
The agency said this shall ensure that only vape products that meet the prescribed Philippine and international quality standards are allowed entry into the local market.
It also clarifies and strengthens import controls for both commercial and non-commercial entries, including those made through e-commerce platforms.
As such, vaporized nicotine and non-nicotine products, their devices, and novel tobacco products without a PS license shall be prohibited from entering the Philippines, including duly chartered economic and freeport zones and duty-free shops.
Those with a suspended PS license shall likewise be barred, regardless of country of origin.
“By covering all entry channels—including e-commerce, freeports, air and seaports—the policy establishes a centralized, coordinated whole-of-a-government approach to regulation and enforcement,” the DTI said.
The new order expands the policies established under DAO 22-06, issued in 2022, which enforces mandatory product certification requirements.
Based on this, the DTI said it is now authorized to target illegal importation and regulatory evasion, such as products with illicit substances and those bypassing mandatory audit and testing.
The DTI earlier issued DAO 25-04 to allow the sale, distribution, and advertising of vape products on e-commerce and other digital platforms, provided that sellers require buyers to register first to prevent minors from purchasing.
This is to confirm that a buyer is at least 18 years old, allowing them to legally access the vape products.
