DTI warns online platforms against violating VAPE law

The Consumer Protection Group (CPG) of the Department of
Trade and Industry (DTI) has sternly warned online marketplaces that sell vape products
to minors amid the proliferation and marketing of these items in very appealing
packaging in both online and physical stores.
DTI Undersecretary for CPG Ruth B. Castelo issued the
warning during a meeting with various e-commerce Platforms and online marketplaces
in the country held on March 1. The meeting sought to address the proliferation
of prohibited vaporized nicotine and non-nicotine products being advertised and
sold online despite the ongoing monitoring and enforcement efforts of the DTI.
Republic Act 11900 regulates the
importation, sale, packaging, distribution, use and communication of vaporized
nicotine and non-nicotine products and novel tobacco products, such as
electronic cigarettes and heated tobacco products
Castelo reiterated to online platforms their
responsibilities to consumers and firmly reminded them to strictly comply with
the law particularly in ensuring that minors have no access to vape products. She
likewise issued a stern warning that violators shall be dealt with using the
long arm of the law.
Carousell, Pick.A.Roo (Agile Digital Ventures Inc.),
Delivery Hero Philippines, Inc., Prosperna, GrabMart, and  Etaily (TPA Operations Corp.)
were present during the dialogue, and have committed to work with the DTI.
“We called for a high-level representation to this meeting
with the aim of getting the commitment of the decision-makers,  we want to ensure that products prohibited in
RA11900 are not sold in your platforms in blatant contravention of the law.
Failure to comply with the requirements set forth in relevant issuances shall
constrain the DTI to undertake all necessary and available legal actions
against these business entities," warned Castelo.
Castelo further reminded her the legal counsel representing
the platforms that their duty to their client is to ensure that they comply
with the law, not to circumvent them.
She added that each merchant found selling prohibited items
in their platform is equivalent to one formal charge, therefore the number of
merchants violating the law will determine the number of cases that DTI will
file against them.
Meta (Facebook), Lazada E-Services Philippines, Inc., Shopee
Philippines Inc., GrabExpress Inc., PH,  Platforms
that failed or refused to send representatives are deemed to have been served
with notice and cannot claim ignorance of the procedure implemented by
DTI.
With the effectivity of the IRR on 28 December 2022, all
prohibited items under RA 11900 should no longer be found in the retail market,
whether online or offline.
Meanwhile, manufacturers and importers are given an 18-month
transitory period until 05 June 2024, to comply with product registration and
certification requirements of all electronic or vaporized nicotine devices and
allowed consumables under RA11900. For product registration, only
BPS-registered and certified Vaporized Nicotine and Non-Nicotine Products,
their devices, and Novel Tobacco Products with the applicable graphic and
textual health warnings shall be sold to the general public by June 2024.