TI Halts Online Vape Sales Over Compliance Concerns

The Department of Trade and Industry (DTI) has instructed e-marketplace operators to temporarily suspend the online sale of vape products. This directive, issued by Trade Secretary Alfredo Pascual on July 16 through Department Administrative Order No. 24-03, series of 2024, aims to ensure compliance with proof-of-age verification and other legal requirements.

Key Points of the Directive

The suspension will remain in effect until e-marketplaces can demonstrate to the DTI that they have implemented adequate measures to comply with age verification and all relevant legal standards under RA 11900, RA 11967 (Internet Transactions Act), RA 7394, and other pertinent laws.

E-marketplace operators must:

1. Ensure due diligence regarding online merchants by maintaining necessary IDs, permits, and licenses, including government-issued IDs, business permits, and registrations with the DTI, SEC, or Cooperative Development Authority, and BIR.
2. Maintain contracts with online merchants outlining sale procedures and limitations for vape products, with true copies of these contracts kept in records.
3. Verify that listed vape products have the necessary registrations, licenses, health warnings, and compliance proofs, keeping true copies in records.
4. Provide access to these documents for DTI inspection upon request.
5. Adopt measures to ensure ongoing legal compliance.

Rationale for the Suspension

The DTI’s decision comes in response to a significant number of violations, notably the sale of vape products to minors under 18 on e-marketplaces. The department emphasized the need to protect minors and ensure strict adherence to legal requirements.