"I produced a batch of my own e-cigarettes, is it okay to give them out as small gifts without making a profit to see what the market feedback is?"
Attorney's Opinion: Of course not!
The sale and distribution of e-cigarettes are regulated by the Philippine Food and Drug Administration. The Philippine Food and Drug Administration, better known as the FDA, regulates the manufacture, importation, sale, packaging, advertising, and distribution of electronic nicotine and non-nicotine delivery systems, including e-cigarettes, and all businesses engaged in the same are required to obtain a permit to operate from the FDA in order to conduct their activities.
Similarly, the law in the Philippines requires that all businesses / or HTPs engaged in the manufacture, distribution, importation, exportation, retailing, and sale of vapour products and products (including online sale or distribution) shall first obtain a License to Operate, also known as (LTO), from the FDA before engaging in the above activities, and e-cigarettes are a vapour product, and the same section of the law applies to e-cigarettes.
So until the licence required to sell e-cigarettes is obtained, distributing e-cigarettes, whether for profit or not, in supermarkets or anywhere, is an offence, and may result in criminal detention in serious cases!
So what certification do you have to obtain before
to be considered fully legally compliant?
First of all, you must have a Philippine Entity - DTI or SEC.
BOC-import permit
DTI- BPS registration as an importer DTI-Importer Certification
DTI-ICC - DTI Product Certification
BIR - Permit to Operate DTI- Permit to Operate
BIR- Product to registration Product certification by DTI
It is important to note that if your e-cigarette product contains nicotine, you will need to apply for it:
FDA -LTO: Food and Drug Administration Licence to Operate
FDA-CPR: Food and Drug Administration Product to Registration.
Only with the above documents can you be considered fully legal and compliant, and you can sell your products with peace of mind!
Some of you may be tempted to take the risk, but we remind you:
Legal compliance can make your business run more smoothly and avoid more risks for you.
Dragon law can provide you with one-stop legal services, whether you want to set up a company or apply for certification, can provide you with a full range of attentive service.
We are committed to providing you with professional, affordable and efficient legal services, aiming to reduce the legal risks you may face, if you need any legal advice and services, please contact us immediately, Philon Law is at your service.