Authorities confiscated P25 million worth of banned vape products under the Flava brand for being distributed near a school and for containing flavor descriptors that could appeal to minors.
The Department of Trade and Industry’s Fair Trade Enforcement Bureau (DTI-FTEB) and the Philippine National Police shut down a store selling the banned Flava vape products near Baclaran Elementary School in Paranaque City on April 23, 2024.
DTI-FTEB Director Fhillip Sawali said the joint operation netted 452 boxes or 45,200 units of illegal vape products with an estimated value of P25 million. The store, located just 20 meters from the school, violated Republic Act No. 11900, or the Vaporized Nicotine and Non-Nicotine Products Regulation Act of 2022.
The law prohibits the sale of vapes or e-cigarettes “within 100 meters of any point of the perimeter of a school, playground or other facility frequented particularly by minors.”
Before the raid, the DTI-FTEB had already ordered the suspension of the sale, manufacturing, import, and distribution of Flava Corporation’s vape products on March 15, citing violations of RA 11900.
“This enforcement operation with the PNP-Southern Police District, confiscating P25 million in illegal vapes near a school, reflects our firm commitment under the Vaporized Nicotine and Non-Nicotine Products Regulation Act to safeguard our youth,” said DTI Secretary Fred Pascual.
“We remain vigilant and determined in enforcing these regulations to ensure community health and safety,” Pascual said.
Pascual directed FTEB personnel to remove non-compliant products from the market. He underscored the agency’s commitment to enforcement, supporting legitimate businesses, and ensuring consumer safety.
“The DTI will not shirk from its responsibility of enforcing trade, industry and consumer protection laws to help legitimate businesses and promote consumer protection,” Pascual said in a previous statement.
Pascual also warned manufacturers, importers, distributors, and retailers against selling illicit vapes and other violative products.
Authorities discovered that the store was using a milk tea shop as a front to sell the banned vapes.
Sawali said the establishment violated several provisions of RA 11900, including Section 9 which prohibits the sale of vapes within 100 meters from a school and Section 12 which restricts the use of flavor descriptors in vape products.
The DTI-FTEB suspended trading of Flava products for allegedly using flavor descriptors appealing to minors and employing celebrity endorsers.
Sawali and DTI assistant secretary Amanda Marie Nograles of the Consumer Protection Group said the raid provided strong evidence against the continued sale of banned Flava products.
Recent operations by the Bureau of Customs and the Philippine National Police’s Criminal Investigation and Detection Group have uncovered large-scale vape product smuggling in the country.
RA 11900 or the Vape Law regulates the importation, assembly, manufacture, sale, packaging, distribution, promotion and sponsorship of vape products, their devices and novel tobacco products. It aims to ensure a healthy environment, prevent sales of these products to minors and curb illicit trade.
Under the Vape Law and its implementing rules, retailers and manufacturers are required to ensure compliance with relevant regulations and take precautions against illegal products.
It provides the DTI the regulatory jurisdiction over vapes and other novel tobacco products. Pascual noted the agency’s intensified monitoring and enforcement efforts, both physically and online, to ensure that the sale and illegal trade of vape products, particularly those targeting minors, are prevented.
The DTI said that from Feb. 9, 2023 to April 23, 2024, it monitored 84,523 physical and online vape establishments, confiscating 65,865 vape units with an estimated value of P31 million.
It said of the monitored online and physical firms, 298 were issued with notices of violation (NOV), while 493 were issued with show cause orders (SCOs). These non-compliant firms are required to submit a written explanation within 48 hours of receipt of SCOs and NOVs.
RA 11900 vests the regulatory jurisdiction over vapes and other novel tobacco products to the DTI. The Department of Health, Food and Drug Administration, Department of Social Welfare and Development, Department of Education, Bureau of Internal Revenue, and local government units (LGUs) share complementary implementing roles.