Online stores circumvent laws to sell unregistered vapes in the Philippines

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Some online sellers in the Philippines are circumventing age verification measures on social media platforms and e-commerce sites to distribute unregistered vape products, according to Senator Raffy Tulfo.

In a resolution filed on Nov. 13, 2024, Tulfo highlighted the issue, particularly on TikTok, where many sellers lack age verification features. Some sellers instruct buyers to “order via private message,” bypassing verification requirements altogether.

“This renders the directive of the Department of Trade and Industry (DTI) useless and futile,” Tulfo said, referring to DTI Administrative Order No. 24-03, issued on July 16, 2024. The order suspends the online sale, distribution, and advertising of vape products unless sellers comply with proof-of-age verification and other requirements under the Internet Transactions Act (ITA).

Tulfo said numerous online sellers violate community guidelines by offering adult and explicit products using offensive imagery. He warned that these products often mislabeled or lacking proper disclaimers, can easily be accessed by minors.

His resolution urges a Senate inquiry into the irregular sale of vapes and other regulated goods on e-commerce platforms, as well as the proliferation of counterfeit products, citing violations of Republic Act No. 11967 or the Internet Transactions Act of 2023.

RA 11967 establishes clear rules for online transactions to protect consumers and sellers. It also mandates the regulation of e-commerce to safeguard consumer rights, data privacy, product standards, and intellectual property.

Despite DTI’s administrative order, Tulfo noted that vape products remain widely available on platforms like Lazada and Shopee. He emphasized that while some sellers implement verification features, these measures are often easily bypassed, making regulated products accessible to minors.

He said these products, for lack of sufficient disclaimers and erroneous labels, could be easily accessed by children or individuals below 18 years old.

Tulfo said that despite the issuance of the administrative order by DTI, vape products and devices are still being sold online through e-commerce platforms such as Lazada and Shopee.

Tulfo said that apart from regulated items being sold in violation of DTI regulations and online platform community guidelines, the sale of fake, copycat, or substandard products continues to proliferate across online selling platforms.

“The Philippines has, in fact, been labeled as Asia’s epicenter for online shopping scams, and these illegal activities distinctly rise during Christmas season, where scammers take advantage of people’s increased spending, generosity, and holiday-related stress to trick them into falling for various fraudulent schemes,” Tulfo said.

He also noted a surge in the online selling of toy products, such as the viral “Labubu” doll craze, in which sellers have been offering both original and knock-off versions at prices that are shocking to the senses.

“The sale of these exorbitant items is especially reinforced by false and deceptive advertising, in blatant violation of the provisions of Republic Act 7394, otherwise known as the Consumer Act of the Philippines,” he said.

Tulfo said the government, through the Department of Trade and Industry (DTI) and other relevant agencies, has the responsibility to protect consumers from fraudulent practices and ensure that all products sold online comply with pertinent laws and regulations.

The Department of Trade and Industry and the Bureau of Internal Revenue have intensified their campaign against the sale of substandard and unregistered vape products to protect consumers and minors.

The BIR said it had identified more than 400 sellers of illicit vape products, which are either unregistered or whose products do not carry the appropriate revenue stamps. 

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