QuestionsQuestions (Republic Act No. 9851)
The short title is the “Vaporized Nicotine and Non-Nicotine Products Regulation Act.” Its policy is to protect and promote the right to health of the people by regulating vaporized nicotine/non-nicotine products and novel tobacco products using internationally accepted standards, preventing sale to minors and illicit trade, promoting a healthy environment, and reducing harm from smoking.
“Vapor Products” are liquid/solid/gel (with or without nicotine) transformed into aerosol without combustion by a vapor product device. “Vapor Product Device” is a device or combination of devices that heats a vapor product to produce inhalable aerosol/mist/vapor. “Vapor Product System” is the combination of the vapor product refill and vapor product device intended to be used together.
“Heated Tobacco Products (HTPs)” are tobacco products intended to be consumed by heating to release an inhalable aerosol without combustion; may include consumables (liquids/gels) that are part of the product. “HTP Device” is the component(s) that heat HTP consumables to generate aerosol without combustion. “HTP System” is the combination of HTP consumables and the HTP device intended to be used together.
All must bear (1) a highly visible full-color graphic health warning prescribed under RA 10646 consistent with the textual warning, occupying 50% of principal display surfaces (front and back), and (2) a textual warning: with nicotine—“This product is harmful... highly addictive... not recommended for use by nonsmokers”; without nicotine—“This product may contain a substance that is harmful. It is not recommended for use by nonsmokers.” The textual warning is limited to 20% of the graphic health-warning area and must be legible and non-obscured; nothing should be printed where warnings would be obscured.
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 refilled.
It is eighteen (18) years old.
Retailers must ensure no one below 18 is allowed to purchase and must verify age using any valid government-issued ID with photo and age/date of birth. Direct delivery is required only to those 18+. It is not a defense that the seller did not know the buyer’s real age or had no reason to believe the product was for someone below 18.
Online trade is allowed but only if the retailer/distributor uses measures to deny access to persons below 18 and the website bears required signage. The seller must be registered with DTI or SEC, and products must comply with health warning and BIR requirements (including tax stamps/fiscal marks and floor or minimum price rules). Delivery must also comply with the 18+ age verification requirements.
They are prohibited within one hundred (100) meters from any point of the perimeter of a school, playground, or other facility frequented particularly by minors.
It must clearly and conspicuously state that sale/distribution to or by persons below 18 is illegal and include the nicotine harm warning and the not-recommended-for-nonsmokers message (in English and/or Filipino as provided).
Vaporized nicotine/non-nicotine products and novel tobacco products shall not be displayed immediately next to products of particular interest to minors.
Communications must not target youth under 18; youth-appealing characters (cartoons/anime/manga, animated characters, youth influencers) are prohibited. They must carry a government warning; they cannot feature minors or celebrities or include celebrity endorsements. Depictions of vaping as a lifestyle particularly attractive to minors are prohibited; communications cannot include false/unsupported health or emission claims. Online ads must only be visible after appropriate age verification. Ads cannot be placed outside point-of-sale premises (e.g., billboards, posters, streamers). Medicinal/therapeutic claims are prohibited unless FDA-approved; reduced risk statements are prohibited unless authorized by FDA.
Promotional events/activities like sampling or offers may only be conducted by trained product experts and must be directed only to persons at least 18. No minors may participate. Invites and program materials must contain appropriate health warnings and clearly mark the 18+ participation requirement.
Sponsorship is prohibited in any sport, concert, cultural, or art event. No person below 18 may participate, and sponsored-event communications/materials must include health warnings and clearly mark age requirements. Displays and merchandise distribution with the product brand are restricted; other DTI-determined limits may apply. Corporate social responsibility is allowed if it does not bear the product brand/logo.
Use is prohibited in all indoor public places except DVAs, and for product demonstrations in point-of-sale establishments. It is absolutely prohibited in enumerated places such as youth activity centers/schools, elevators/stairwells, fire-hazard locations (e.g., gas stations), hospitals/clinics/health centers, public conveyances and terminals (except DVAs), food preparation areas, churches, and government offices (except DVAs). DVAs are assigned indoor/outdoor areas where use is allowed under strict standards (no minors/pregnant women; specific signage; controlled occupancy; ventilation rules; buffer zone limits).
DTI, in consultation with FDA, sets technical standards based on international standards for safety, consistency, and quality, and compliance is mandatory. No vapor product with nicotine content above 65 mg/ml may be sold in the market.
Manufacturers and importers must register with DTI by submitting information demonstrating conformity with Section 18 (technical standards) for HTP consumables/devices, vapor product refills/devices, and novel tobacco products. Products may be sold only after registration. DTI may order recall/ban/seizure for failure to comply. For online sales, DTI may direct noncompliant platforms to be taken down and prevent noncompliant sellers from selling online, and DTI/BIR maintain lists of registered brands eligible for online sale.
Retail or use of nicotine shots and/or concentrates is strictly prohibited. Violations fall under penalties for violations of Section 20 (as a retailer); first offense allows either a P10,000 fine or imprisonment up to 30 days at court discretion, with subsequent offenses also involving revocation of business licenses/permits for establishment/business entities.