QuestionsQuestions (Republic Act No. 11900)
The law is titled the “Vaporized Nicotine and Non-Nicotine Products Regulation Act.” Its policy is to protect and promote the right to health, regulate these novel products using internationally accepted standards to prevent hazards from unregulated or substandard vapor and heated tobacco products, reduce harm from smoking, and prevent sale to minors and illicit trade.
“Vapor Products” are the liquid/solid/gel (with or without nicotine) transformed into aerosol without combustion by a device. “Vapor Product Device” is the device (or combination of devices) used to heat vapor products to produce inhalable aerosol/mist/vapor. “Vapor Product System” is the combination of a Vapor Product Refill and Vapor Product Device intended to be used together.
HTPs are tobacco products intended to be consumed through heating to release inhalable aerosol without combustion; they may include liquid solutions and gels. An “HTP Device” is the component(s) intended to generate aerosol from HTP consumables without combustion. An “HTP System” is the HTP consumable and HTP device intended to be used together.
Unit/outside consumer packaging must bear (1) a highly visible full-color graphic warning under RA 10646 consistent with required text, covering 50% of principal display surfaces and 50% of the front and 50% of the back panel; and (2) a textual warning: for nicotine-containing products, “harmful…contains nicotine…highly addictive…not recommended for use by nonsmokers,” and for non-nicotine products, “may contain a substance that is harmful…not recommended for use by nonsmokers.” The textual warning must use no more than 20% of the entire graphic warning area.
For export products, Section 4 generally applies only to the extent that the packaging used for shipping and retail sale panels must carry specified export markings such as “For sale only in _________,” authority and BIR/tax/regulatory markings. The export products are not required to follow the full graphic health warning layout as imposed for products introduced in the Philippine market.
Receptacles of Vapor Product Refills must be child-resistant, tamper-resistant, protected against breakage and leakage. Non-refillable receptacles must not be tampered with and must not be refilled.
The minimum allowable age is 18 years old. It is not a defense that the seller/distributor did not know the buyer’s age or that the seller had no reason to believe the product was for a minor.
Retailers must verify age and require presentation of a valid government-issued identification card showing the buyer’s photograph and age/date of birth. Retailers must ensure direct delivery only to individuals 18 and above.
Online sale/distribution is allowed only if: (1) measures deny access to persons below 18 and required signage is present; (2) the person’s legal age is self-declared upon first page access; (3) online sellers/distributors are registered with DTI or SEC; (4) products sold/advertised comply with health warning and BIR fiscal requirements (including tax stamps, minimum/floor price, and fiscal marks); and (5) delivery complies with the age restriction and proof-of-age requirements for retailers.
Sale, promotion, advertising, and product demonstration of vapor/HTP/novel tobacco products within 100 meters from any point of the perimeter of a school/playground or other facility frequented by minors is prohibited.
A clear and conspicuous statement warning that sale/distribution to or by persons below 18 is illegal and that the products are harmful and contain nicotine/addictive substance, and not recommended for nonsmokers, with an English version or the provided Filipino version.
Products may not be displayed immediately next to products of particular interest to minors. Communications in points-of-sale/retail and online are allowed but must not target minors, must include required health warnings, must not feature minors or celebrities or include celebrity endorsements, must not present vaping as a lifestyle attractive to minors, must not include false or unsubstantiated claims, and must comply with online age verification and other limitations such as no ads outside premises and restrictions on flavor descriptors presumed to appeal to minors.
DVAs are assigned indoor/outdoor areas where vaping is allowed. Minors cannot enter. DVAs must have prominent “Vaping Area” signage and prohibition on entry of persons below 18 and pregnant women. No smoking is allowed in DVAs. DVAs must be ventilated/open with restrictions on location relative to entrances/air intakes, only one DVA per building/conveyance, controlled occupancy, and independent ventilation if indoors. Minors must not be allowed inside the DVA and its buffer zone, and no food/beverages are allowed there unless the DVA is located in a point-of-sale.
DTI, in consultation with FDA, sets technical standards based on international standards. No vapor product with nicotine content above 65 mg/ml may be sold in the market.
The retail or use of nicotine shots and/or concentrates is strictly prohibited.
Manufacturers and importers of HTP consumables/devices, vapor refills/devices, and novel tobacco products must register with DTI by submitting information showing conformity with product standards (Section 18). Only duly registered products with required graphic health warnings may be sold/advertised/distributed. DTI may order recall, ban, or seizure for noncompliance, and may direct takedown of noncompliant websites and online platforms. DTI has exclusive jurisdiction over issues under the Act.