According to a Philippine FDA document issued by Philippine e-cigarette practitioners, the Philippines will ban the distribution, import, manufacture and sale of flavored e-cigarette liquids for e-cigarettes from May 25, except for tobacco and menthol flavors outside.

At the same time, the FDA also requires companies engaged in the e-cigarette business to apply for a license, and the sale of e-cigarettes is prohibited within 100 meters of the school.

Philippine e-cigarette practitioners provided this FDA document.

The documents show that retail and online sales of vaping products with flavors other than tobacco and mint are prohibited.

Further information also added that all forms of e-cigarettes, e-liquids, are not allowed to be imported.

Blue Hole landed on the FDA's official website and found several announcements about the incident.

Announcement 1: Effective May 25, 2022, the distribution, import, manufacture, sale, offer for sale and online retail of flavored liquid refill solutions for vapor products other than tobacco and menthol flavors is prohibited

The Philippine Food and Drug Administration (FDA) hereby informs all relevant stakeholders, government agencies and the public that starting May 25, 2022, production, trade, distribution, import, wholesale, retail and online retail/wholesale will no longer be permitted Flavored liquid filling solutions.

Pursuant to Republic Act 11467 and its implementing rules and regulations, the manufacture, trade, distribution, import, wholesale, retail and online retail/wholesale of vaping products (VP) of flavors other than regular tobacco or regular menthol is prohibited.

Additionally, as stated in Executive Order 106, e-liquids, solutions, and refills containing flavors and additives that are proven or suspected to be attractive, toxic, or harmful to persons under twenty-one (21) years of age shall be prohibited Addicted or sensitized.

Announcement Two: Restrictions on Online Sales of Vapor and Heated Tobacco Products

The Philippine Food and Drug Administration (FDA) hereby informs all relevant stakeholders that Vapor Products (VP) and Heated Tobacco Products (HTP) businesses engaged in online sales activities must have a License to Operate (LTO) as an online seller.

Pursuant to Executive Order 106 and Executive Order 2020-0055, all establishments engaged in the manufacture, distribution, import, export, retail, and sale (including online sales or distribution) of VP and/or HTP are required to Obtain LTO from FDA.

According to FDA Circular Circular 2021-016, all relevant agencies conducting online sales activities should submit User Account Review and Issue Standard Operating Procedures (SOPs) and Product Delivery SOPs and comply with the following:

1. Businesses engaged in online sales/distribution are solely responsible for ensuring that all transactions and activities conducted online comply with FDA rules and regulations.

2. For online retail activities, only FDA-cleared retailers are allowed to conduct secondary activities as online retailers.

3. For online wholesale activities, only FDA-licensed manufacturers, traders, or distributors whose secondary activities are approved as online wholesale are allowed.

4. Online retailers/wholesalers can only operate and sell on platforms that require customers to have a verified customer account to access online store content.

5. The shipment, transport and/or delivery of Vapor Products and HTPs shall be subject to the same guidelines and restrictions as set forth for the sale and distribution of these products pursuant to Article 26 of the EO. 2017 Amended by Article 106 EO. 2020 and other relevant legal policies.

Announcement Three: Beginning May 25, 2022, Mandatory Licenses for All Vapor and Heated Tobacco Products

The Philippine Food and Drug Administration (FDA) hereby informs all relevant stakeholders, government agencies and the public that the Office shall authorize and require all Vapor Products (VP) and Heated Tobacco Products (HTP) to obtain a License to Operate (LTO) agency .

Pursuant to Republic Act Nos. 11346 and 11467 and their implementing rules and regulations, all relevant agencies shall obtain operating licenses prior to commencing May 25, 2022 to manufacture, trade, distribute, import, wholesale and retail VP and HTP. Consider the following points:

1. It is prohibited to sell or distribute VP and HTP in schools, public playgrounds, youth hostels, recreational facilities for minors, areas frequented by minors, or within 100 meters of these places.

2. All other conditions set forth in Executive Order 106 and other relevant laws and regulations.

Announcement Five: Reaffirmation of Processing of License to Operate (LTO) Applications for Vapor and Heated Tobacco Products Facilities

The Food and Drug Administration (FDA) wishes to inform all relevant stakeholders that the manufacture, distribution, import, export, sale, and offer for sale of vapor products and heated tobacco products shall be subject to FDA Notice No. 2021-016 (also known as "CCHUHSRR"). Vapor Products and Heated Tobacco Products Business Licensing Guidelines”) will be enforced from May 25, 2022.

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