The regulatory landscape for vaping in the Philippines is tightening. In a significant move to protect consumers and ensure fair trade, the Department of Trade and Industry (DTI) has issued a strict directive to e-commerce platforms operating within the country. The order is clear: remove listings for illegal vape products immediately.

This development comes directly from the DTI’s Office for the Special Mandate on Vaporized Nicotine and Non-Nicotine Products, their Service, and their Machines (OSMV). For consumers, this means a safer marketplace. For platforms and sellers, it signals a critical deadline to audit inventory and ensure full compliance with national laws.

Here is a detailed breakdown of the new directive, the legal grounds behind it, and the specific warnings issued regarding counterfeit products.

The 7-Day Ultimatum for Compliance

On August 15, the DTI released a mandate requiring all e-commerce services and digital platforms to take down online listings of unauthorized vape products. The department has granted a strict execution period of just seven days to comply with this order.

The primary target of this enforcement is online merchants displaying or selling vape products that lack two critical verification markers:

1. Statutory Tax Stamps: Proof that proper taxes have been paid to the government.
2. Philippine Standard (PS) License Marks: Certification that the product meets safety and quality standards.

Products missing these identifiers are classified as illegal. The DTI’s monitoring operations revealed that numerous online merchants across various platforms were failing to meet these basic requirements.

Understanding the Legal Violations

The crackdown is not arbitrary; it is grounded in specific Republic Acts intended to regulate the industry. The DTI cited violations of several key regulations:

• RA 11900 (The Vape Law): Specifically Sections 4(d) and 18 of the Vaporized Nicotine and Non-Nicotine Products Regulation Act.
• RA 4109 (The Standards Law): Which mandates the standardization of products for public safety.
• Department Administrative Order No. 02 (Series of 2007): Which outlines general standard requirements.

By enforcing these laws, the DTI aims to strip the market of gray-market goods that bypass safety checks and tax obligations.

The Internet Transactions Act: Joint Liability for Platforms

A crucial aspect of this directive involves the 2023 Internet Transactions Act (RA 11967). Under Sections 21 and 22 of this law, digital platforms are not merely passive hosts for third-party sellers. They bear a significant responsibility to police their own marketplaces.

The law dictates that e-commerce platforms must strictly prohibit the sale and advertising of regulated goods—like vapes—unless the seller provides necessary permits and licenses. Platforms are legally required to have contracts with their sellers that enforce these compliance protocols.

Consequences for Non-Compliance

The stakes are high for digital platforms that fail to act within the 7-day window. If illegal listings remain after the deadline, the e-commerce platform will be held jointly liable with the offending merchant.

Potential penalties for non-compliance include:

• Administrative and Legal Lawsuits: Prosecution under RA 11900, RA 11967, and RA 7394 (Consumer Act).
• Financial Penalties: Substantial fines levied against both the seller and the platform.
• Operational Suspension: The potential suspension of the platform’s privilege to operate within the Philippines.

Consumer Warning: The “Black Ultra” Counterfeit

Alongside the general crackdown on uncertified products, the DTI issued a specific alert regarding a product circulating under the name “Black Ultra.”

The OSMV has received reports that distributors and retailers are being misled into believing this product is part of the legitimate “X-Ultra” line from X-Vape Technology. However, the DTI has clarified that “Black Ultra” vapes are unauthorized.

Why you should avoid Black Ultra products:

• Uncertified: They have not undergone the necessary testing or certification processes.
• Unaffiliated: They are not associated with any legitimate manufacturer authorized to sell in the Philippines.
• Safety Risk: Without proper oversight, these devices and e-liquids pose potential health risks to consumers.

Navigating a Regulated Market

This aggressive stance by the DTI underscores a maturing vape market in the Philippines. For the end consumer, the short-term effect might be a reduction in the sheer volume of cheap, unregulated options online. However, the long-term benefit is a marketplace where products are tested, taxed, and traceable.

If you are purchasing vape products online, look for the Philippine Standard (PS) mark and ensure the seller is verified. As the 7-day deadline expires, expect to see a significant cleanup of product listings across your favorite shopping apps.