The Bureau of Philippine Standards (BPS), an attached agency of the Department of Trade and Industry, has included vapes and heated tobacco products or HTPS in the list of consumer goods subject to mandatory certification to ensure they conform to the Philippine National Standards (PNS).
In a public orientation on the Updated List of Products under Mandatory Certification held virtually on October 13, 2022, BPS representatives said the agency had issued technical regulation on vape products which is governed by Republic Act No. 11900 or the Vaporized Nicotine and Non-nicotine Products Regulation Act (Vape Law).
"It is the DTI-BPS that has the jurisdiction over the vapes. We have already issued a technical regulation concerning the regulation of vape products, so we need to comply with that particular technical regulation," a BPS representative said during the public orientation.
The Vape Law became effective on August 13, 2022. It regulates the importation, manufacture, sale, packaging, distribution, use, and communication of electronic cigarettes or vapes and HTPS and repeals “rules and regulations or any part thereof which are inconsistent with the provisions” of RA 11900.
The Consumer Act of the Philippines mandates BPS to protect consumers against hazards to health and safety as well as to assure the public of the consistency of standardized products in the market. The bureau provides for the standardization and certification of products, both locally manufactured and imported, giving the consumers access to quality and safe products conforming to the PNS.
Under DTI Department Administrative Order 22-06, Series of 2022, electronic cigarettes and e-liquids as well as HTPs and electrical tobacco heating devices, will be subject to mandatory certification beginning January 4, 2024.
Products covered by the BPS Mandatory Product Certification Schemes are required to bear the Philippine Standard (PS) mark or Import Commodity Clearance (ICC) sticker which certify the products quality conforming to the relevant national standards.
The DTI said that under RA 11900, it is the agency that will monitor the product standards of vape devices and e-liquids as well as HTPs.
RA 11900 also provides for very strict rules on sales and promotion to ensure minors and non-smokers are not able to buy these innovative electronic products and devices.
The BPS said the mandatory certification will cover both the devices and the systems, which include the e-liquid when it comes to electronic cigarettes.
Meanwhile, before the January 4, 2024 mandatory certification, “importers and manufacturers can voluntarily apply for the Philippine Standard mark or Import Commodity Clearance," the BPS said.
The certification will ensure that the whole products, including the devices and the systems, will be thoroughly analyzed via the product standards requirements, according to the BPS.
The DTI earlier assured the public that it would strictly implement RA 11900 to address public health concerns. The DTI will issue the implementing rules and regulations of the new law.
The inclusion of e-cigarettes and HTPs in the list of consumer goods subject to mandatory certification will ensure the quality of these products and prevent illicit trade.
DTI Undersecretary for Consumer Protection Group Ruth Castelo earlier assured that the agency is ready to implement and enforce its responsibilities under the Vape Law.
"We have the capability to test these devices. Our testing device for vape devices has been ready since 2021," she said.
The Vape Law is expected to save more than 16 million Filipino smokers, protect minors and regulate smoke-free products.