Tobacco industry stakeholders echoed the call of the Bureau of Internal Revenue (BIR) for full compliance to Republic Act (RA) 11900 or the Vaporized Nicotine and Non-Nicotine Products Regulation Act which regulates the importation, manufacture, sale and distribution of vaporized nicotine and non-nicotine products and novel tobacco products.

In a letter addressed to BIR Commissioner Romeo Lumagui Jr., the Philippine Tobacco Industry said, the provisions of the Vape Law when fully implemented will “ensure that the public is protected against the dangers of using illicit products as well as the collection of appropriate taxes aimed at helping our economy.” PTI is a non-stock, non-profit association representing multiple tobacco companies in the Philippines. Members include Japan Tobacco International Philippines, Associated Anglo-American Tobacco Corporation and PMFTC, Inc., among others.

The group observed rampant illicit trade of vape products online which pushed them to support the Vape Law’s full implementation, PTI said.

PTI cited Albay Rep. Joey Salceda who in September 2022 previously prodded authorities to “step up” the enforcement of the Vape Law after Salceda’s staff were able to easily buy vape products online. His staff also found online products which did not observe the GHW requirements, non-branded products, products with descriptors appealing to minors, and the non-payment of taxes.

PTI appealed to the BIR to fully implement Rules IV, V, VI, XI and XIII, or the provisions specifically taking aim against the proliferation of illicit trade of vaporized nicotine products.

Rule IV of the law’s implementing rules and regulations (IRR) said that graphic and textual health warnings (GHW) and relevant fiscal markings must be put on the unit packaging of NTPs, heated tobacco product (HTP) consumables and vape products. Only products bearing the required GHW may be sold to the public.

Under the IRR, e-commerce platforms, e-marketplaces and other similar online platforms are mandated to allow only DTI and BIR-registered distributors, merchants or retailers of vape products, devices and novel tobacco products to sell in their website or platform.

To ensure vape products are made inaccessible to minors, the IRR also provides that vapor product refill receptacles to be tamper-resistant and child-resistant. Products packaged or labeled with flavor descriptors appealing to minors are prohibited.

Section 2 of Rule VXII declares all requirements under the Vape Law effective immediately, except those provisions covering product standards and registration.

“We are also hoping that the BIR will closely work with enforcement agencies such as the Philippine National Police, The Armed Forces of the Philippines as well as relevant anti-illicit trade groups from the Bureau of Customs to make sure the law and its IRR are effectively implemented,” PTI said.