The Department of Trade and Industry (DTI) of the Philippines has issued Decree No. 24-05, requiring enterprises selling vapes and new tobacco products online to implement registration and age verification mechanisms before consumers place orders. In July 2024, the Philippine government required electronic market operators to suspend online sales, distribution and electronic cigarette products and devices.
Key points:
- Background: The regulation aims to prevent minors from buying vapes and new tobacco products online.
- Main contents: All online sales platforms must implement mandatory registration and age verification mechanisms before allowing users to access product pages or complete purchases.
- Scope of application: It covers all digital platforms (including web pages and mobile applications) for the sale, distribution and promotion of vapes and new tobacco products.
- Time of entry into force: The order will come into force as soon as it is published in the Official Gazette or two national newspapers.
Philippines relaunches online sales of vapes
According to Business. Inquirer’s report on April 15th, to prevent minors from purchasing vapes and new tobacco products online. The Department of Trade and Industry (DTI) of the Philippines issued Department Administrative Order No. 25-04, requiring all online sales channels to complete the registration and age verification process before consumers place orders.
In July 2024, then Trade Minister Alfredo Pascual issued Departmental Executive Order No. 24-03, requiring electronic market operators to suspend online sales, distribution and electronic cigarette products and equipment until they take adequate and effective measures. Ensure compliance with proof of age verification and all other legal requirements.
Register to verify age before buying online
According to the latest order, when vape consumers visit websites, e-commerce platforms, or related App services, they must first register to ensure that they are over 18 years old and meet the legal purchase conditions. This measure applies to all enterprises that sell, distribute and promote nicotine-containing or nicotine-free aerosol products and new tobacco products online.
In its statement. DTI said, “This order reinforces the department’s position in promoting public safety and responsible regulation in the digital space.”
This order came into effect on April 1st. The order, titled “Requiring Effective Measures to Prevent Persons under the Age of 18 from Accessing or Purchasing Vaping Nicotine and Non-nicotine Products. Related Devices and New Tobacco Products Online”. It will take effect immediately after its publication in the Official Gazette or two national newspapers.
The following is the core content of the document. Department Administrative Order No. 25-04:
1. Legal basis
- Constitutional basis: According to the 1987 Constitution, the state has the responsibility to protect and promote the health of the people, protect children from all forms of neglect, abuse, exploitation, etc., and at the same time protect consumers from trade fraud and the infringement of substandard or dangerous products.
- Relevant laws: According to the “Electronic Cigarette and Non-nicotine Products Control Act” (Republic Act No. 11900, RA11900), the definitions, sales restrictions, and online sales requirements of electronic cigarettes and related products are stipulated.
2. Objectives
Prevent individuals under the age of 18 from obtaining vapes, their devices and new tobacco products through Internet websites or e-commerce platforms.
Ensure that vapes and related products sold online comply with health warning requirements and other statutory standards.
3. Scope of application
Applies to all entities engaged in the online sale, distribution, or promotion of vapes, their devices and new tobacco products.
4. Specific measures
Age restriction measures:
Online platforms must implement effective measures to ensure that individuals under the age of 18 cannot access or purchase relevant products.
Effective measures include but are not limited to:
- Confirm information on government-issued identification documents submitted by consumers during the registration process;
- Send a one-time password (OTP) or Personal Identification Number (PIN);
- Use facial recognition technology or biometrics.
- Using artificial intelligence to detect underage attempts to visit or purchase;
- Use artificial intelligence or image recognition technology to prevent the publication of offending images.
- Use geofencing technology to restrict access to products in locations frequented by minors.
Registration requirements:
Consumers must register on the website or platform before they can access the relevant product advertisement or purchase.
When registering, you need to submit a photo of a government-issued identity document containing age information, a frontal photo, date of birth, etc., and declare that no one under the age of 18 will use their account to access or purchase related products.
Strict measures:
The platform can implement more stringent measures, but it needs to ensure the security and privacy of consumers’ data.
Product compliance:
Vapes and related products sold online must comply with the health warnings and other mandatory product standards stipulated in RA11900, as well as tax requirements (such as stamp duty, minimum price, or financial mark).
Periodic reports:
The relevant departments of the Ministry of Trade and Industry need to regularly monitor, inspect and verify whether the measures of the online platform are effective, and submit reports monthly.
5. Supervision and punishment
- Regulatory authorities: The E-commerce Bureau (ECB), the Fair Trade Enforcement Agency (FTEB), and regional and provincial offices of the Ministry of Trade and Industry are responsible for supervision.
- Penalties: Entities that violate the regulations will be punished under RA11900 and the Internet Transactions Act (Republic Act 11967, RA11967).
- Takedown orders: The Ministry of Trade and Industry has the power to make takedown orders requiring offending entities to stop selling or advertising the products in question.
6. Other provisions
- Time of entry into force: The order takes effect immediately after publication in the Official Gazette or at least two national newspapers.
- Repeal Clause: Other orders or provisions that are inconsistent with this order will be repealed or modified.
- Severability: If any provision of the order is declared invalid, the other provisions remain in effect.
7. Release information
This order was signed and approved by the Secretary of the Ministry of Trade and Industry, MA. Cristina Aldayguer-Roque, on April 14, 2025, was recommended by the Assistant Secretary and the head of the Special Mission Office.
