Philippines Vape Advertising or Promotion Require Prior Approval

The Department of Trade and Industry (DTI) of the Philippines has released a draft to further regulate advertising and promotional activities for vapes and new tobacco products through a mandatory licensing system. According to the draft, all advertising or sales activities related to vapes, heated tobacco, and nicotine products must apply for an Advertising Permit (AP) or Sales Promotion Permit (SPP) from DTI before publication.

The Philippines Department of Trade and Industry has released a draft: Vape advertising promit or sales promotion promit require prior approval and age verification

1. The Philippines Department of Trade and Industry has issued a notice requiring all advertising and promotional activities for vapes and new tobacco products to apply for permission in advance.
2. Advertising Promit (AP) and Sales Promotion Permit (SPP) need to be submitted separately and approved at least 30 days in advance.
3. The store must prove that it is at least 100 meters away from underage places such as schools and amusement parks.
4. Online platforms must implement an “age threshold mechanism” and require users to self certify that they are over 18 years old.
5. Health Minister Ted Herbosa reiterated his opposition to advertisements claiming that “vapes are safer”.

According to Department Administrative Order(DAO) drafted by Office for the Special Mandate on Vaporized Nicotine and Non-Nicotine Products (OSMV) under DTI

Any advertising or promotional content for vapes, heated tobacco, or related devices must obtain an Advertising Permit (AP) or Sales Promotion Permit (SPP) in advance. Applicants must submit their application at least 30 days before publication or release, and provide information such as registration certificate, business license, advertising samples, and promotional product list. For physical retailers, the application documents must include a government certification that the store is not located within a 100 meter walking range of schools, amusement parks, or facilities frequently accessed by minors. The advertising license fee will depend on the region and prize value, while the promotion license application fee is ₱ 1000 (approximately $17).

In addition, the draft stipulates that all online platforms must set up an “age verification mechanism” when publishing content related to vapes, requiring users to self declare that they are over 18 years old before they can browse. Any advertisement that guides consumers to purchase vapes must implement strict age threshold measures.
This measure aims to strengthen the implementation of The Republic Act 11900 (Vape Law). In before, Health Minister Ted Herbosa had called for a nationwide ban on the selling vapes and criticized some advertisements for using “safer alternatives” as a gimmick to attract teenagers.

The Republic Act 11900 (Vape Law), vape products must undergo mandatory certification — domestically produced or imported — and meet national standards before they can be legally sold. Use of vapes is restricted in many public and indoor spaces (hospitals, schools, government buildings, etc.).

The Vape Law applies equally to foreign vape manufacturers. If a Chinese vape factory wants its products distributed legally in the Philippines. It must comply with vape law.

At present, we do not have any Philippines vape customers. As our products are vape devices, they are mainly used in countries where cannabis is legal.