The Philippines’ Department of Trade and Industry (DTI) has formally proposed a blanket ban on open vape pods and refillable e-liquids to curb the use of illegal substances. Citing the Vaporized Nicotine and Non-Nicotine Products Regulation Act (RA No. 11900), the draft administrative order seeks to prohibit the manufacture, importation, and distribution of any vapor product that allows users to manually refill the device. Stakeholders have until February 4 to submit feedback on this drastic policy shift.
Key Takeaways
- Proposed Ban: The DTI aims to ban the sale and use of open pods and e-liquids nationwide.
- Safety Trigger: The move follows the discovery of “Tuklaw” cigarettes containing synthetic cannabinoids in vape products.
- License Freeze: The DTI will immediately stop processing Philippine Standard (PS) licenses for these products.
- Feedback Deadline: The public and industry stakeholders must submit comments to the OSMV by February 4.
Closing the “Open System” Loophole
Unlike pre-filled closed pods, open systems allow users to mix their own liquids. The DTI argues this flexibility creates a gateway for uncertified e-liquids laced with harmful substances. The agency explicitly cited the recent case of “Tuklaw,” where vape products were found to contain synthetic cannabinoid components, posing risks of accidental poisoning and dermal exposure.
The draft order aligns with World Health Organization (WHO) recommendations to restrict products with high abuse potential. Consequently, the DTI plans to halt all new applications and renewals for Philippine Standard (PS) licenses covering open pods and e-liquids, effectively freezing the market’s future even before the ban is finalized.
New Advertising Permits Required
Beyond the product ban, the DTI is tightening marketing controls. A separate draft order introduces mandatory permits for advertising and sales promotions. Under this measure, no promotional material can be released without securing an Advertisement Permit (AP) or Sales Promotion Permit (SPP) from the Office for the Special Mandate on Vaporized Nicotine (OSMV). This ensures all campaigns—especially those offering prizes—undergo strict government vetting.
Comparison Matrix: Proposed Policy Impact
The following table outlines how the DTI’s proposal changes the legal landscape for vaping in the Philippines.
| Product Category | Current Status | Proposed Status (Draft DAO) |
|---|---|---|
| Open Pods / E-Liquids | Regulated (Requires PS License) | Total Ban (Manufacture/Sale) |
| Closed Systems | Regulated | Allowed (Subject to standard rules) |
| PS Licensing | Active | Suspended for Open Systems |
| Advertising | Regulated | Mandatory Permit (AP/SPP) Required |
Will refillable vapes become illegal?
If the DAO passes as written, yes. The DTI is moving quickly, already freezing license processing. This indicates a strong intent to eliminate the open-system market to prevent drug tampering.
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