The Department of Trade and Industry (DTI) has jointly penalized vape retailers Flava Corporation and its partner Lilac Sison Tayaban or "Lilacs Vape Shop," with an administrative fine of P100,000, for the use of flavor descriptions on their products that appeal to minors.
In a statement released on Wednesday night, May 22, DTI said that Flava and Lilacs Vape Shop, which sell or distribute Flava's products, were found guilty of violating Section 12 of Republic Act No. 11900 or the "Vaporized Nicotine and Non-Nicotine Products Regulation Act."
Section 12 states that retailers are prohibited from advertising vape products in ways that would target or appeal to persons under the age of eighteen. According to the law, the flavor descriptor is "presumed to unduly appeal to minors if it includes a reference to a fruit, candy brand, dessert, or cartoon character."
Last March 15, the DTI had already flagged Flava and Lilacs. The agency in charge of monitoring retailer compliance to the Vape Law ordered the suspension of sale, manufacturing, import and distribution of the two retailers' vape products to ensure the safety and protection of consumers, especially among the youth.
The order was made through the Fair Trade Enforcement Bureau (FTEB), following numerous complaints reported to the agency.
Flava and Lilacs remain to be suspended from producing, selling, importing, packaging, and distributing its products.
Prior to DTI's suspension order, Flava's operations were already being flagged by other government bodies like the House Committee on Ways and Means, who said that billions worth of alleged illegally imported Flava vape products were seized by the Bureau of Customs (BOC) in a Valenzuela warehouse last year.
In April this year, the same Committee, chaired by Rep. Joey Salceda, recommended filing tax evasion charges against Flava due to alleged P1.4 billion worth of unregistered vape products secured by local authorities.