Albay 2nd district Rep. Joey Salceda is prodding authorities to step up the enforcement of Republic Act (RA) No. 11900 or the Vaping Regulation Law.

This, after his congressional staff found out just how easy it is to buy vape products online without checking on the buyer's age, observance of the requirements for graphic health warnings, and other standard specifications.

“It turns out, it’s very easy to buy vape without any of these requirements,” said Salceda, chairman of the House Committee on Ways and Means. He added that there are sales of vaping products “that are not even branded".

“How do you catch a sale that has no brand? How do you apprehend them for violations of the rules that only registered brands and importers can import?” Salceda asked.

“The advocates of the Vaping Regulation Law argued that it was a better way to regulate the sector and supposedly save lives. It also provided rules on the sale of vape online. Well, let’s prove it,” the Bicolano said.

Reports said some online sales of vapes from abroad are being categorized in online platforms as “toys” and “electronics", while others said some online purchases from abroad through these sites are not being imposed with excise taxes.

Salceda said the de minimis rule in the Customs Modernization and Tariff Act (CMTA), which provides that goods under P10,000 are subject to no duties and are inspected less stringently, is also used as a loophole for importations that skirt taxes.

“When these online stores classify vaping products as toys, or allow sales of unbranded products, then it becomes very easy to import them without paying excise taxes, because most vape sales are under P10,000 anyway,” he explained.

Salceda also said that “A blatant and contemptuous way for vaping companies to appeal to younger people is, okay, they make the devices themselves generic-looking, but they wrap them in 'cases' that feature cartoons."

“So, many of them are skirting taxes, they’re marketing to children, and they are selling unbranded goods. And, what’s worse is that there is an extremely vague provision of RA 11900 which gives them a 'transition period' of 18 months to comply with the law.”

Under RA No. 11900, vaping devices “shall not be targeted to or particularly appeal to persons under eighteen (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".