The Department of Trade and Industry (DTI) has reminded online selling marketplaces of their possible liability over the proliferation of prohibited vaporized nicotine and non-nicotine products being advertised and sold in their platforms.
DTI Undersecretary Ruth Castelo on March 1 met with representatives of Meta (Facebook), Lazada E-Services Philippines Inc., Shopee Philippines Inc., GrabExpress Inc., PH, Carousell, Pick.A.Roo (Agile Digital Ventures Inc.), Delivery Hero Philippines, Inc., Prosperna and Etaily (TPA Operations Corp.) to address the issue as an offshoot of monitoring and enforcement efforts of the agency in the implementation of Republic Act 11900 or the Vape Law.
Platforms that failed or refused to send representatives to the meeting are deemed to have been served with notice and cannot claim ignorance of the procedure implemented by DTI.
The DTI did not name these companies.
Castelo also 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 vaporized nicotine and non-nicotine products and novel tobacco products.
Castelo said issued a stern warning that violators shall be dealt with .
“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 R.A. 11900 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,” Castelo said.
Castelo told lawyers representing the platforms 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.
With the effectivity of the implementing rules and regulation on Dec. 28, 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 June 5, 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 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.
