DTI flags vaping brand for ‘misleading posts’ of full compliance

Dominique Nicole Flores – Philstar.com
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December 10, 2024 | 11:43am

MANILA, Philippines — The Department of Trade and Industry (DTI) flagged a local vaping brand on Tuesday, December 10, for falsely claiming full compliance with regulations.

In a statement, the DTI clarified that Apex Pacific Corp.’s vaping brand Flare does not hold a valid Philippine Standard License, disqualifying it from being sold in the Philippine market.

The agency said that the vaping brands with a valid license are only: Don Bars, KLIQ, ONE Bar, Phantom Vape, RELX, Tomoro, TRUEZ, Vagend and X-Vape.

The DTI urged FLARE to obtain and maintain a valid Philippine Standard License, certifying the safety of its products for distribution and consumption.

Flare, along with three other vaping brands, was previously suspended following lawsuits by the DTI for allegedly failing to meet packaging and health warning requirements under the Vaporized Nicotine and Non-Nicotine Products Regulation Act.

The DTI lifted the preventive measure order on Flare on November 26. However, it clarified that the vaping brand is still prohibited from selling their products until they obtain a Philippine Standard License. 

False claims. Despite not holding a license, Flare’s social media posts have been promoting their products with captions claiming “100% compliance.” 

This is the case on their Facebook page, Flare PH, which has around 10,000 likes and 22,000 followers.  

The DTI stressed that these “misleading social media posts” of vape companies violate Republic Act 7394 or The Consumer Act of the Philippines. 

Article 110 of the law prohibits the dissemination of “false, deceptive, or misleading advertisements” due to the risks they pose to consumers. 

The DTI added that “concealing material facts” infringes the agency’s Department Administrative Order No. 2

“Non-compliance will result in penalties or suspension of trading,” the statement read. 

The Consumer Act stipulates that those responsible for false, deceptive, or misleading advertisements may face a fine of P500 to P5,000, along with potential imprisonment for one to six months.

Health risks. The Department of Health has warned Filipino consumers that e-cigarettes and vape products are not a safer alternative to smoking. In May 2024, a 22-year-old became the first Filipino to die from a severe lung injury believed to be caused by daily vaping. 

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