By Timothy S. Donahue
Top Takeaways:
- The Philippines’ DTI is seeking public input on a draft order that would ban open-system vape devices and e-liquids nationwide.
- The proposal cites health, safety, and abuse risks, including the use of uncertified liquids and prior cases involving synthetic cannabinoids.
- Comments on the draft ban are open through Feb. 4, as DTI advances tighter controls on vape advertising and promotions.
The Philippines’ Department of Trade and Industry (DTI) is seeking feedback on a proposed policy that would prohibit the use, manufacture, importation, and distribution of open vape pods and e-liquids, citing consumer health and safety concerns.
In a social media post, the DTI invited stakeholders to provide feedback on a draft Department Administrative Order (DAO) that proposes a comprehensive ban on open-system products. The initiative is based on Republic Act No. 11900, also known as the Vaporized Nicotine and Non-Nicotine Products Regulation Act, which authorizes regulators to limit products deemed to threaten public health and safety.
According to the DTI, that design open systems (including refillable pods)increases the risk of accidental or intentional poisoning, dermal exposure, and the use of uncertified or adulterated liquids.
The agency warned that refillable systems can be misused to introduce illegal or harmful substances, citing a recent enforcement case involving so-called “Tuklaw” cigarettes, in which vape products were found to contain synthetic cannabinoid components.
Citing a World Health Organization (WHO) study, the DTI said that banning open systems is recommended because its modifiable features create a high potential for abuse.
If adopted, the draft DAO would also require the DTI to immediately halt processing applications and renewals for Philippine Standard (PS) licenses for open pods and e-liquids. PS licenses certify that products meet national quality and safety standards before they are sold in the local market.
The DTI said its Office for the Special Mandate on Vaporized Nicotine and Non-Nicotine Products (OSMV) will accept public comments on the proposed ban through Feb. 4.
The consultation follows another recent DTI proposal to tighten oversight of the vape sector. In January, the agency sought feedback on a separate draft DAO that would require mandatory permits for vape advertising and sales promotions. Under that proposal, companies would need to obtain an advertisement permit (AP) or a sales promotion permit (SPP) from the OSMV before launching marketing campaigns, promotions, or incentive-based sales activities.
