Last updated: May 23, 2022
Sale of e-cigarettes
The sale of e-cigarettes is allowed subject to restrictions including location-based sales restrictions and a minimum sales age.
Use in indoor public places, workplaces, and public transport
The use of e-cigarettes is prohibited in only specific enumerated public places like gas stations, elevators, food preparation areas, churches, hospitals, health centers, dispensaries, laboratories, schools, playgrounds, centers of youth activity, recreational facilities, government buildings, and places frequented by minors. Other public places, workplaces and means of public transport are permitted to establish “designated vaping areas.” The use of e-cigarettes is also specifically allowed in “product testing areas” at point-of-sales, including in mall kiosks.
Advertising and promotion (excluding point of sale product display)
The law allows many forms of e-cigarette advertising and promotion. The law also places restrictions on some forms of advertising and promotion, including near schools, playgrounds or other facilities frequented by minors; the use of cartoons, anime, manga, animated characters, youth influencers, celebrities, lifestyle; and the use of flavor descriptors in advertising and promotion that are “proven to unduly appeal particularly to minors,” including fruit, candy, desserts, or the use of cartoon characters.
Point of sale product display
The law allows the display of e-cigarettes at points of sale, but prohibits the display “immediately next to products of particular interest to minors.”
Sale of e-cigarettes via the internet
The law allows the sale of e-cigarettes through the internet provided the online sellers are registered with the Department of Trade and Industry or the Securities and Exchange Commission and the products comply with the health warning requirements, among other requirements.
Flavors (other than tobacco flavor)
The law does not prohibit the use of flavors in e-cigarettes. However, the law prohibits the use of flavor descriptors in e-cigarette packaging, advertising, and promotion that are “proven to unduly appeal particularly to minors,” including fruit, candy, desserts, or the use of cartoon characters.
The law does not regulate specific ingredients or additives.
Health warnings on product packaging
The law requires a pictorial warning with text on the outside packaging of e-cigarettes sold in the Philippines (e-cigarettes manufactured for export have different requirements). These warnings must be compliant with Republic Act No. 10643 (Graphic Health Warnings Law). Twelve combined picture and text warnings must be displayed on 50% of each principal display area and be rotated every two years. The text warning must cover 20% of the health warning space in English and/or Filipino. Additional health warnings and cessation hotline information must be displayed on 30% of the side panel of packaging.
Other product packaging and labeling requirements
The law requires e-cigarette product packaging to include fiscal markings. E-liquids must be tamper-resistant. E-cigarettes manufactured for export have different and additional packaging and labeling requirements than those products sold in the Philippines. the law prohibits the use of flavor descriptors in e-cigarette packaging, advertising, and promotion that are “proven to unduly appeal particularly to minors,” including fruit, candy, desserts, or the use of cartoon characters.
Maximum nicotine concentration
The law prohibits the sale of e-cigarettes containing nicotine concentrations above 65 mg/ml.
The law grants authority to the Department of Trade and Industry, in consultation with the Food and Drug Administration, to set technical standards for e-cigarettes. However, such standards have not been issued to date.
Manufacturer/importer disclosures and/or notification requirements
The law requires manufactures and importers to register all e-cigarettes and e-liquids, prior to sale, with the Department of Trade and Industry to include information showing compliance with any product standard requirements issued by the DTI, in consultation with the Food and Drug Administration.