Key takeaways:
Regulations are being implemented to prevent minors from purchasing e-cigarettes and new tobacco products online.
Main content: All online sales platforms must implement mandatory registration and age verification mechanisms in order to allow users to access product pages or complete purchases.
Scope: All digital platforms covering the sales, distribution, and promotion of e-cigarettes and new tobacco products (including websites and mobile applications).
Effective Date: The order will take effect immediately upon its publication in the "Official Gazette" or two national newspapers.
According to Business Inquirer, on April 15th, the Department of Trade and Industry (DTI) in the Philippines issued Department Administrative Order No. 25-04 to prevent minors from purchasing e-cigarettes and other new tobacco products online. The order requires all online selling channels to complete a registration and age verification process before consumers can place orders.
In July 2024, the Minister of Trade, Alfredo Pascual, issued Department Administrative Order No. 24-03, requiring e-commerce operators to temporarily suspend online sales, distribution, and marketing of e-cigarette products and devices until they implement effective measures to ensure compliance with age verification and all other legal requirements.
According to the latest order, e-cigarette consumers must register before accessing websites, e-commerce platforms, or related app services to ensure they are 18 years old or older and meet the legal purchasing requirements. This measure applies to all enterprises selling, distributing, and promoting vaporized products containing nicotine or non-nicotine, as well as new tobacco products online.
The DTI stated in a declaration: "This directive reinforces the department's position in promoting public safety and responsible regulation in the digital space.
This order will come into effect on April 1st, and it is called "Order on effective measures to prevent persons under 18 from accessing or purchasing aerosolized nicotine and non-nicotine products, related devices and new tobacco products". The order will take immediate effect upon its publication in the Official Gazette or two national newspapers.
The following is the core content of Department Administrative Order No. 25-04:
Firstly, according to the 1987 Constitution, the state has a responsibility to protect and promote the health of the people, protect children from various forms of neglect, abuse, and exploitation, and also protect consumers from trade fraud and the harm of substandard or dangerous products.
Related laws: According to the "E-Cigarette and Non-Nicotine Product Control Act" (Republic Act No. 11900, RA11900), the definition, sales restrictions, and online sales requirements of e-cigarettes and related products are specified.
Goal: Prevent individuals under the age of 18 from accessing e-cigarettes, their devices, and new tobacco products through internet websites or e-commerce platforms.
Ensure that e-cigarettes and related products sold online comply with the health warning requirements and other statutory standards.
III. Applicability: Applicable to all entities engaging in the online sale, distribution, or promotion of e-cigarettes, their devices, and new tobacco products.
Fourth, specific measures including age restrictions:
Online platforms must implement effective measures to ensure that individuals under the age of 18 cannot access or purchase related products.
Effective measures include but are not limited to:
Confirm consumers submit information from government-issued identification documents during the registration process; send disposable passwords (OTP) or personal identification codes (PIN); use facial recognition technology or biometric technology; utilize artificial intelligence to detect underage attempts to access or purchase products; use artificial intelligence or image recognition technology to prevent the posting of inappropriate images; use geofencing technology to restrict access to related products in locations frequented by minors. Registration requirements:
Consumers must register on the website or platform before visiting relevant product advertisements or making purchases.
When registering, it is necessary to submit a government-issued identification photo containing age information, a front-facing photo, date of birth, etc., and declare that individuals under the age of 18 will not be allowed to access or purchase related products using their account.
Strict measures:
The platform can implement stricter measures, but it must ensure the security and privacy of consumer personal data.
Product compliance:
Online sales of e-cigarettes and related products must comply with the health warnings and other mandatory product standards outlined in RA11900, as well as tax requirements such as stamp duty, minimum pricing, or fiscal marking.
Regular Report:
The relevant departments of the Ministry of Commerce and Industry need to regularly monitor, inspect, and verify the effectiveness of online platforms' measures, and submit reports on a monthly basis.
Regulatory and enforcement agencies: The Department of Trade and Industry's Electronic Commerce Bureau (ECB), Fair Trade Enforcement Bureau (FTEB), and regional and provincial offices are responsible for regulation.
Penalty: Entities that violate regulations will be punished according to RA11900 and the "Internet Transaction Law" (Republic Act No. 11967, RA11967).
Delisting Order: The Ministry of Commerce and Industry has the authority to issue delisting orders, requiring non-compliant entities to halt the sale or advertisement of related products.
Item Six: Effective Date of Other Provisions - This order shall take effect immediately upon its publication in the official gazette or at least two national newspapers.
Abolition Clause: Any orders or regulations that are inconsistent with this directive will be abolished or modified.
Severability: If any provision of the agreement is deemed invalid, the remaining provisions remain in effect.
The directive to release information was signed and approved by the Secretary of Trade and Industry, MA. Cristina Aldayguer-Roque, on April 14, 2025, and recommended by the Assistant Secretary and Head of the Special Tasks Office.
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