The Department of Trade and Industry (DTI) censured vape brands FLARE and SHFT for coming out with false posts that allegedly sought to mislead the public into believing that they were compliant with state regulations and were licensed to sell their products.
It said FLARE came up with a post falsely claiming full compliance with regulations, while SHFT improperly shared unauthorized photos of DTI staff to make it appear that it already has a green light to conduct business.
“The DTI firmly disputes misleading social media posts from vape companies FLARE and SHFT. These posts misrepresent the Department’s role and violate consumer protection laws, including RA 7394, or “The Consumer Act of the Philippines, which prohibits false, deceptive, or misleading advertisements,” the agency said in its website.
“Under Department Administrative Order No. 2 [2007], false, misleading information, or concealing material facts is also prohibited,” it said.
It said the only brands with valid Philippine Standard (PS) licenses are authorized to sell in the Philippine market are DON BARS, KLIQ, ONE BAR, PHANTOM VAPE, RELX, TOMORO, TRUEZ, VAGEND and X-VAPE.
The DTI urged vape businesses to secure and maintain valid PS licenses to ensure that their products meet safety and quality requirements before being distributed.
It warned that non-compliance would result in penalties or suspension of trading.
The Office for the Special Mandate on Vaporized Nicotine and Non-Nicotine Products, their Devices, and Novel Tobacco Products (OSMV) previously found FLARE guilty of failing to comply with all the necessary requirements under Republic Act No. 11900 or the Vaporized Nicotine and Non-Nicotine Products Regulation Act.
Under the law, manufacturers or importers of vape must register their products and secure licenses to operate, and are also required to adhere to packaging standards.
They should also pay duties and taxes and were given an 18-month transition period to comply with the regulations laid down in the Vape Law.