The Department of Trade and Industry (DTI) said it has the capability to test vape devices but will leave to the Food and Drug Administration (FDA) the work of testing chemicals and other health claims in the vape, according to DTI Undersecretary Ruth Castelo.
Castelo told the Laging Handa public briefing yesterday, the DTI since 2021 has its testing facility ready to check on vape devices.
Castelo said the DTI is fast tracking the preparation of the implementing rules and regulations (IRR) of the Vape Law for consultation with the FDA before subjecting the IRR to public hearing.
“We at DTI will just follow the law and will accept the responsibility (of regulating the industry),” said Castelo. The DTI was given the authority of regulating the vaporized nicotine and non-nicotine products and their devices and novel tobacco products made from tobacco leaves or have nicotine in tobacco.
The law regulates the importation, manufacture, sale, packaging, distribution, use and communication of vaporized nicotine and non-nicotine products, and novel tobacco products.
Under the new law, DTI is tasked to consult with FDA in setting technical standards for the safety, consistency, and quality of vape products.
The law also mandates the Department of Health (DOH) to prescribe guidelines on the implementation of smoking and vaping restriction awareness campaigns.
It likewise provides protection to minors from accessing vape products by setting the minimum allowable age for the purchase, sale, and use of such products to 18 years old.
Under the law, manufacturers are given three months to notify the DTI prior to placing vaporized nicotine products in the market.
Products that are already in the market are given four months to register their products with the DTI and submit information demonstrating compliance with product standards and assessment requirements.
The law also prescribed penalties to manufacturers, importers, distributors, and sellers for non-compliance from fines to business licenses revocation. Non-compliant vaporized nicotine products found in the market for sale or distribution shall be subject to confiscation.
