Public health and children’s rights groups have filed three separate complaints against a nicotine pouch brand and a heated tobacco product (HTP) company, urging the Department of Trade and Industry (DTI) to impose sanctions over alleged illegal promotional and distribution activities that they say violate Republic Act No. 11900, or the Vape Law.
The complainants alleged that the companies violated the Vape Law through prohibited sponsorships and promotional activities. They also questioned one brand’s reported lack of registration with the DTI despite its nicotine pouches being actively marketed in the Philippines.
Under Republic Act No. 11900, no vaporized nicotine or novel tobacco product may be manufactured, imported, distributed, or sold legally without prior registration and certification from the DTI.
‘These violations involving ZYN and IQOS are not isolated incidents; they reflect a recurring pattern of noncompliance by the tobacco industry. These brands continue to insert themselves in cultural, artistic, and entertainment spaces, positioning their products as part of a desirable lifestyle. Worse, one of these brands has been reported to be promoting and distributing a product that has no registration or certification under the law. Immediate regulatory action from the DTI is needed to put an end to these dirty industry tactics and to reaffirm the government’s mandate to protect the health of its people,’ said Rizza Duro, national coordinator of the Philippine Smoke-Free Movement.
Promotional presence
One of the complaints cited the promotional presence of ZYN and IQOS during the Sinulog Festival in Cebu City in January. The groups argued that sponsorship of a major cultural event violates Section 14(a) of the Vape Law and exposes children and families to tobacco marketing in a setting that is both child-centered and culturally significant.
‘These cultural events are widely attended by families and children, which makes any form of tobacco promotion illegal. Even with its limited provisions to protect children and young people, the Vape Law clearly prohibits the promotion of harmful tobacco products in spaces meant to be safe for children. The DTI must do its duty and act against the industry’s disregard for children’s rights, public health, and the integrity of our cultural spaces,’ said Au Quilala, spokesperson of the Child Rights Network (CRN) and executive director of the Philippine Legislators’ Committee on Population and Development (PLCPD).
Another complaint centers on IQOS Philippines’ collaboration with local artist Isabel Santos. The groups argued that the campaign associated IQOS products with art and culture and amounted to a prohibited public figure endorsement under the Vape Law.
‘It is disheartening to see artistic spaces being infiltrated by the tobacco industry. These platforms have a significant reach among young people, and if such violations are allowed to bypass the law without sanction, more young people will be exposed and influenced by their harmful and deadly products,’ said Judy Delos Reyes, project leader of Parents Against Vape.
Regulatory action
The complainants also noted that affiliates of Philip Morris Fortune Tobacco Corp. (PMFTC) and IQOS Philippines had previously been subjected to regulatory action over the promotion of the ‘Steve Aoki Live’ event in Taguig.
‘It is clear that companies like PMFTC and IQOS will continue to violate the law if left unchecked. As the primary regulatory body for vape and tobacco products, the DTI must impose appropriate sanctions and even higher-tier penalties due to repeated noncompliance. Failing to do so risks enabling future violations,’ said Atty. Sophia Monica San Luis, executive director of ImagineLaw.
‘Every day these unregistered nicotine products remain on shelves, we are normalizing addiction and failing our children. These products exploit regulatory gaps and weaken public confidence in the law. The government must act decisively-we cannot allow another entirely preventable epidemic driven by the tobacco industry to take hold in our country,’ said Dr. Maricar Limpin, executive director of Action on Smoking and Health (ASH) Philippines.
While Republic Act No. 11900 designates the DTI as the regulator of vaporized nicotine and novel tobacco products, the Food and Drug Administration (FDA) retains jurisdiction over their health-related aspects.
Widely available
‘It is alarming to see such products widely available in the market without proper registration. Nicotine products already pose known health risks-what more for those that have not been approved by the FDA? Allowing these unregistered products to persist in the market poses a significant threat to public health, as it exposes users to unknown and potentially harmful ingredients that have not been evaluated by health authorities. We urge the DTI to act urgently, as the health of Filipinos is at stake if ZYN pouches and similar products continue to proliferate in our markets,’ said Dr. Jaime Galvez Tan, board member of HealthJustice and former Health secretary.
The complaints were filed by the Philippine Smoke-Free Movement, the Child Rights Network, the Philippine Legislators’ Committee on Population and Development Foundation Inc., Action on Smoking and Health Philippines, ImagineLaw, Parents Against Vape, Youth Against Vape, and HealthJustice.
The groups said they are seeking immediate regulatory action, including the imposition of appropriate penalties against the companies over the alleged violations of the Vape Law.