In June 2022, the Philippine Department of Trade and Industry (DTI) issued Departmental Executive Order (DAO) No. 22-06, New Technology Regulations on Mandatory Product Certification of Vaporized Nicotine and Non-nicotine Products, to strictly regulate vaporized nicotine and non-nicotine products. Compliance for the manufacture, distribution or sale of non-nicotine products (including e-cigarettes) in the Philippine market.

This issue introduces some of the contents of the DAO to help you understand the new regulations on electronic cigarette control in the Philippines in advance.

PS Licensing Program

a. Local/foreign manufacturers selling/distributing electronic cigarettes in the Philippine market should participate in the PS Safety and Quality Certification Mark Licensing Program (referred to as the PS Licensing Program), and the competent authority grants a license to use the PS certification mark for companies that meet the requirements;

b. To ensure the compliance of certified products, the competent authority shall conduct regular monitoring activities in accordance with the existing DTI rules: annual factory system, product audits and random product audits of warehouses/markets for local companies with valid PS licenses; Annual factory system, product audits and periodic product audits per shipment for foreign companies with valid PS licenses.

Manage product range

a. Evaporation product system (finished electronic cigarette);

b. Vaporizing product devices (electronic cigarettes);

c. Heated Tobacco Product System (HTP Finished Product).

Product compliance requirements

a. Testing by the Bureau of Philippine Standards (BPS) testing laboratory or other BPS accredited testing laboratory to verify product compliance;

b. Applicable products and related electrical accessories shall meet the requirements of the following reference standards:

c. Evaporation product devices/systems shall also comply with the migration test requirements specified in (EU) 10/2011 and (EU) 20/1245;

d. The embossed/engraved/printed logo should be clear and durable after testing;

e. Also includes factory inspection.

PS certification mark

a. For vapor product systems and heated tobacco product systems certified to meet safety and performance requirements, the design of the PS mark shall conform to Figure A;

b. For steam product installations certified to meet safety requirements, the design of the PS mark shall conform to Figure B;

c. The PS logo attached to the product or its packaging may be enlarged or reduced to the appropriate size, provided that the size conforms to the specifications in Figure A or Figure B.

Effective/Enforcement Date

a. The DAO shall come into effect on the 15th day of its promulgation;

b. Competent agencies should conduct regulation and enforcement within 30 months of the effective date. After this date, only vaping nicotine and non-nicotine products with valid PS, Imported Commodity Clearance (ICC) or other BPS certification marks can be sold in the local market circulation.

The Philippine Departmental Executive Order No. 22-06 issued this time marks a further step in the country's regulatory and normative regulation of new tobacco products. Relevant electronic cigarette export manufacturers should apply for PS certification and ICC certification for the corresponding export products within 18 months. For products that have been sold and circulated in the local market, it is recommended to apply for certification within 12 months after the DAO takes effect.

Luxshare Testing has professional e-cigarette compliance services and product testing capabilities, providing you with a one-stop service for e-cigarette testing and certification notices.