THE Department of Trade and Industry (DTI) said it has sealed 3,318 units of vape products worth P863,240 from eight “non-conforming” vape shops in Manila.
In a statement issued last Saturday, the DTI said personnel of its Fair Trade Enforcement Bureau (FTEB) inspected 11 vape shops selling vaporized nicotine and non-nicotine products and novel tobacco products to ensure their compliance with the requirements of Republic Act 11900 (An Act Regulating the Importation, Manufacture, Sale, Packaging, Distribution, Use and Communication of Vaporized Nicotine and Non-Nicotine Products and Novel Tobacco Products) and its implementing rules and regulations (IRR).
FTEB head Assistant Secretary for DTI-Consumer Protection Group (CPG) Ann Claire C. Cabochan said that of the 11 inspected, eight non-conforming shops were issued a Notice of Violation (NOV), requiring each of them to submit a written explanation within 48 hours from receipt thereof.
According to the DTI-FTEB, the inspection resulted in the sealing of 3,318 units worth P863,240.
The DTI’s enforcement arm said among the rules that were violated by the vape shops are: Rule V, Section 6 which requires posting of the minimum age requirement around the establishment.
Rule V, Section 6 of the Department Administrative Order (DAO) 22-16 or implementing rules and regulations of RA 11900 provides that “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: ‘The sale or distribution of vaporized nicotine and non-nicotine products to or by persons below 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.’”
Another rule violated was Rule VI, Section 1, which prohibits selling vapor products with fruit flavors and/or packaging that uses cartoon characters.
Meanwhile, Rule VI, Section 1a states: “These shall not be targeted to or particularly appeal to persons under 18 years of age. Markings or characters that are likely to appeal to the youth such as the use of cartoons, anime, manga, animated characters, youth influencers, personalities, and the like are prohibited.”
RA 11900 lapsed into law on July 25, 2022. The IRR was issued on December 5, 2022, published in two newspapers on December 13, 2022, and took effect on December 28, 2022, 15 days after publication.
“To protect the interests, facilitate the safety, and improve the quality of life of every Filipino consumer, the DTI through its hard working enforcement unit is always ready and equipped to enforce newly enacted laws, including RA 11900, and their implementing rules,” Cabochan was quoted in the statement as saying.
“Of course, we look forward to working closely with other government agencies in undertaking the immense responsibility to regulate vaporized nicotine and non-nicotine products, and novel tobacco products,” she added.
The Trade department, as mandated by Rule XIII of the IRR, upon due process, may order the “immediate recall, ban or seizure from public sale or distribution of vaporized nicotine and non-nicotine products, HTP [heated tobacco product] devices, vapor product devices, and novel tobacco products for failure to comply with the provisions of RA 11900 and its IRR.”
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