DTI suspends online sale of vape products

The Department of Trade and Industry (DTI) has directed e-marketplace operators to temporarily suspend the sale of vape products online.

In its Department Administrative Order No. 24-03, series of 2024, issued by Trade Secretary Alfredo Pascual on July 16, the DTI ordered e-marketplace operators to suspend the online sale, distribution, and advertising of vapor products and devices until such time that they instituted adequate and effective measures to ensure compliance with the proof-of-age verification and all other legal requirements.

The Trade Department said the online selling of vape products and devices would only be allowed if the e-marketplace “is able to demonstrate, to the satisfaction of DTI, that it has instituted adequate and effective measures to ensure that its e-marketplace(s) and online merchants are in full compliance with the proof-of-age verification and all other mandatory legal requirements under RA 11900, RA 11967 (Internet Transactions Act or RA 11967), RA 7394, and other relevant laws and regulations.”

E-marketplace operators were also directed to comply with the following requirements:

• That due diligence has been exercised as regards the online merchants on their respective e-marketplace(s), pursuant to which the submission by these online merchants of all the necessary IDs, permits and licenses, including but not limited to, valid government-issued IDs, business permits from the corresponding local government unit, registration with the DTI, SEC or Cooperative Development Authority, and registration with the BIR, are required and maintained as part of the records of the company or entity operating the e-marketplace(s)
• There is a contract by and between them and each of the online merchants in their respective e-marketplace(s) on the sale procedures and limitations for the sale, procedures, limitations, and other relevant conditions for the sale of Vapor Products, and their Devices and Systems as may be imposed by applicable law or regulation, and that true copies of the aforesaid contracts are maintained in the records of the company or entity operating the e-marketplace
• That vapor products, and their devices and systems listed or to be listed on their respective e-marketplace(s) have the necessary registration, license, or permit, graphic health and fiscal markings, and proof of compliance with all other mandatory standards required by existing laws and regulations, true copies of which are maintained in the records of the company or entity operating the e-marketplace(s)
• That upon request or inspection by authorized officers or employees of DTI, the company or entity operating the e-marketplace(s) shall provide access to or copies of the pertinent documents and records indicated in this order
• That the e-marketplace undertakes to adopt the necessary measures to ensure continued compliance with the law and rules

The DTI said it was compelled to temporarily suspend the online sale of vape products due to an “alarming number of violations,” particularly the sale of vape products to minors or those below 18 years of age in e-marketplaces. —VBL, GMA Integrated News