The Senate was asked to look into the continued sale of unregistered vape products and devices through online marketplaces and social media platforms like Lazada, Shopee and TikTok.
Senator Raffy Tulfo filed Resolution No. 1232 on Nov. 13, 2024, asking the appropriate Senate panel to conduct an inquiry to aid legislation on the irregular sale of vapes and other regulated goods on various e-marketplaces and the proliferation of fake items online in violation of Republic Act 11967, the Internet Transactions Act of 2023.
Tulfo said irregular vape products and devices were being sold online through e-commerce platforms such as Lazada and Shopee. While some sellers have the “verification” feature, this process could be easily bypassed, making these regulated products readily accessible to minors, he said.
He said social media platform TikTok has no verification feature installed in various sellers’ accounts, and some bypass the process by instructing customers to order via private message.
The Department of Trade (DTI) issued Administrative Order No. 24-03, Series of 2024, on July 16, 2024, suspending the online selling, distribution, and advertising of vape products and devices unless the seller complies with the “proof-of-age” verification and other requirements under the ITA.
Tulfo said bypassing the verification process renders the DTI directive “useless and futile.”
RA 11967 aims to protect online consumers and sellers by setting clear rules for online transactions, including the sale, distribution, and advertisement of goods and services. The ITA provides for effective government regulation of e-commerce to protect consumer rights and data privacy, secure internet transactions, promote intellectual property rights, and ensure product standards and safety compliance.
He said that aside from the irregular sale of vapes, several online sellers are actively violating community guidelines and policies by selling adult and explicit items using offensive images. These products, lacking sufficient disclaimers and erroneous labels, can be easily accessed by children or individuals below 18 years old.
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 been labeled as Asia’s epicenter for online shopping scams, and these illegal activities rise during the Christmas season when scammers take advantage of increased spending, generosity, and holiday-related stress to trick people into falling for fraudulent schemes.
A surge in the online selling of toy products, such as the viral “Labubu” doll craze, has seen sellers offering both original and knock-off versions at exorbitant prices. The sale of these items is reinforced by false and deceptive advertising, in violation of the Consumer Act of the Philippines.
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, in fact, identified more than 400 sellers of illicit vape products, which are either unregistered or whose products do not carry the appropriate revenue stamps. It also issued Revenue Regulation No. 16-2024, prohibiting the sale of vapor products, cigarettes, and heated tobacco products below the updated floor price. The prohibition covers all e-marketplaces, online sellers, retail sellers and distributors of these products.
