The Department of Trade and Industry (DTI) is seeking feedback from stakeholders on a proposed policy that would add another layer of restrictions on vape products through a mandatory permitting system.

In a social media post, the DTI invited the public and stakeholders to submit comments on the draft Department Administrative Order (DAO) on the mandatory permit for the advertising and sales promotion of vaporized nicotine and non-nicotine products, their devices, and novel tobacco products.

The DTI, through the Office for the Special Mandate on Vaporized Nicotine and Non-Nicotine Products, their Devices, and Novel Tobacco Products (OSMV), penned the policy in accordance with the Vape Law and the Consumer Act of the Philippines.

Under the draft DAO, no advertisement or promotional material for the vape products shall be released without first obtaining an Advertisement Permit (AP) or Sales Promotion Permit (SPP) from the OSMV.

SPP is a permit granted for campaign materials intended to increase the sales and patronage of a product, as well as for broad consumer participation that contains promises of gain, such as prizes.

On the other hand, AP is for any form of mass media to communicate information about a product's features or quality.

Any advertisement or promotional campaign must be filed separately and at least 30 days before publication.

The campaign may last no longer than one year and may be extended for up to six months.

To apply for an AP or SPP, the applicant should provide the following: a notarized and duly accomplished application form and undertaking to abide by the terms and conditions of the permit in question; certificate of registration; business permit; a copy of the material; and the list of product/s to be promoted.

For brick-and-mortar stores, they must submit a government certification proving they are not located within a 100-meter walkable distance of schools, playgrounds, or facilities frequented by minors.

Based on the draft DAO, the fee schedule for an AP is determined by geographical area and the number of prizes and premium items, while an SPP carries an application fee of ₱1,000.

It stated that any amendment to the issued permit shall inform the OSMV at least 14 days prior to the intended release of the material.

Likewise, an approved SPP or AP may be discontinued voluntarily before the intended publication, after publication but before commencement of the promotion period, or during an ongoing promotion.

Moreover, the draft DAO further enhances the provisions under Republic Act (RA) No. 11900, otherwise known as the Vape Law, by requiring an age-gating mechanism on promotion and advertisement.

In this regard, online platforms that display any vape-related material must require users to self-declare that they are at least 18 years old before viewing content.

Any campaign material that aims to lead consumers to buying vape products must implement a “hard age-gating measure.”

Under RA No. 11900, retailers shall ensure that minors are not allowed to buy a vape product by requiring the presentation of a government-issued identification card.

This latest effort to prevent minors from purchasing comes after the Department of Health (DOH) called for a nationwide ban on vape products.

DOH Secretary Ted Herbosa earlier thumbed down advertisements claiming that vaping is a safer alternative to cigarette smoking. He also flagged advertisement content that appears designed to appeal to minors.