Last updated: May 23, 2022

Main Policies

Sale of e-cigarettes

Sale of e-cigarettes

Allowed
Analysis

The sale of e-cigarettes is allowed subject to restrictions including location-based sales restrictions and a minimum sales age.

Main policies

Use in indoor public places, workplaces, and public transport

Some Restrictions
Analysis

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)

Some Restrictions
Analysis

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.

Sponsorship

Some Restrictions
Analysis

The law allows sponsorships, including “corporate social responsibility” efforts, but prohibits sponsorships in any sport, concert, cultural or art event.

Point of sale product display

Allowed
Analysis

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.”

Health claims in advertising (modified risk claims)

Allowed
Analysis

The law allows the Food and Drug Administration to authorize “reduced risk statements,” which are defined in the law as “an explicit communication to consumers in the product label or marketing materials which states that the product presents less risk of harm to the user 's health or is less harmful to the user 's health than continued smoking of combustible cigarettes.”

Sale of e-cigarettes via the internet

Allowed
Analysis

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)

Allowed
Analysis

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.

Specified ingredients/additives

Not Regulated
Analysis

The law does not regulate specific ingredients or additives.

Health warnings on product packaging

Required
Analysis

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

Required
Analysis

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

Required
Analysis

The law prohibits the sale of e-cigarettes containing nicotine concentrations above 65 mg/ml.

Device requirements

Not Required
Analysis

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

Required
Analysis

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.

Location-based sales

Regulated
Analysis

The law prohibits e-cigarette sales in or within 100 meters from the perimeter of a school, public playground, youth hostel, or other facility or area frequented by minors.