DTI Seizes almost P300K Prohibited Vape products in Valenzuela City Ops

The Department of Trade and Industry - Fair Trade Enforcement Bureau (DTI-FTEB) seized 923 units of vaporized nicotine and non-nicotine products, and novel tobacco products worth Php 255,940.00 during its focused enforcement operation in Valenzuela City, on 04 May 2023.

Consumer Protection Group (CPG) Undersecretary Atty. Ruth B. Castelo and DTI-FTEB Director Atty. Fhillip D. Sawali led the inspection of vape products being sold by seven (7) vape stores in Valenzuela City.

Valenzuela City Mayor Weslie T. Gatchalian is also present in the said activity, expressing his full support for DTI’s enforcement efforts.

Three (3) non-conforming shops were issued a Notice of Violation (NOV), and they were required to submit a written explanation within 48 hours from receipt of the NOV.

The common violations of non-compliant vape establishments are the failure to post the minimum age requirement, the absence of point-of-sale signage, and the sale of vapor products that are appealing to minors, such as those with fruit, candy, and dessert flavors; and/or packaging that features cartoon characters, and the sale and promotion of the said products within one hundred(100) meters from any point of perimeter of a school, playground, or other facility frequented by minors.

During the course of the DTI’s operations, the City Government of Valenzuela conducted an inspection, and two (2) the monitored vape stores were issued with a closure order for operating without a business permit.

USec. Atty. Castelo emphasized that the significant result of the enforcement operation in Valenzuela and the accomplishment of the campaign against violators of R.A. No. 11900 and its IRR in the National Capital Region (NCR), reflect the dedication and commitment of the DTI to protecting consumers and ensuring that products prohibited in

RA11900 are not sold in blatant contravention of the law.

“The DTI enforcement teams regularly conduct steadfast surveillance monitoring and enforcement operations in all cities of the National Capital Region (NCR) to ensure that appropriate actions are being taken against violators of R.A. No. 11900 and its IRR, and that prohibited vape products being sold are seized to safeguard consumers, especially minors,” said USec. Atty. Castelo.

Meanwhile, Valenzuela City Mayor Gatchalian, the former Deputy Speaker of the 18th Congress and co-sponsor of the vape law commits to the City Government’s obligation of regulating vape shops.

“Valenzuela City stands with the DTI in protecting consumer rights and welfare. We appreciate their efforts in implementing RA 11900, and rest assured that this local government unit is also doing its best to ensure that vape shops are operating with business permits and other documentary requirements,” Mayor Gatchalian underscored.

With DTI-FTEB as the CPG’s implementing arm, Director Atty. Sawali welcomes and commends the support of other government agencies such as the City Government of Valenzuela in enforcing RA 11900 and its IRR, and upholding consumer protection and welfare.

As of 02 May 2023, the enforcement teams have already monitored and visited 427 physical vape stores. Consequent to surveillance, the enforcement teams conducted physical validation where 139 firms were found to be compliant, while 171 firms were issued with Show Cause Orders (SCO) and Notices of Violation (NOV), mandating non-compliant firms to submit a written explanation within 48 hours from their receipt of SCOs and NOVs. The 117 monitored stores, however, were either closed or no longer selling vape products.

Alongside its enforcement operations among physical stores, the DTI-FTEB Online Monitoring Unit (OMU) has also intensified its monitoring initiatives, resulting in 17,828 monitored online vape stores. Of these, 93 online stores were found to be compliant, while 17,735 were non-compliant.

Out of the non-compliant online stores, only 98 have valid addresses and have been subjected to validation and physical inspection. During the physical inspection, 32 NOVs were issued while the rest were either closed or cannot be located.

Recognizing the challenge of regulating vape products in online platforms, 30 SCOs were issued to different online platforms notifying that there are online merchants selling or offering for sale vape products that do not conform with RA 11900 and its IRR. They were given 48 hours from receipt thereof to submit a written explanation.

The OMU is monitoring seven (7) major online platforms and 14 company websites daily.

Through the combined efforts of the on-the-ground and online enforcement teams, there are already 57 formal charges filed against violators of R.A. No. 11900 and its IRR. A case has also been filed against one of the largest e-commerce platforms in the country.

RA 11900 lapsed into law on July 25, 2022. The IRR was issued on 05 December 2022, published in Philippine Star and Pilipino Star Ngayon on 13 December 2022, and took effect on 28 December 2022, 15 days after publication. The law vests the regulatory jurisdiction over vapes and other novel tobacco products to the DTI, while providing complementary roles to other government agencies particularly, the Department of Health (DOH), Food and Drug Administration (FDA), Bureau of Internal Revenue (BIR), Department of Social Welfare and Development (DSWD), Department of Education (DepEd), and Local Government Units (LGUs).

On top of confiscated vape products, the nationwide campaign of DTI against uncertified items in the market is highlighted by the intensified enforcement of products under technical regulations mandating compliance with Philippine Standard Certification Mark Schemes, particularly Department Administrative Order No. 02, Series of 2007.

The DTI-FTEB has already monitored 1,078 firms, from January to April 2023, resulting in the sealing of 22,286 units of uncertified consumer products worth Php10,553,762.80.

To protect consumers or potential buyers of electrical and electronic products; mechanical or building and construction materials; and chemical and other consumer products and systems, DTI – Bureau of Philippine Standards (DTI-BPS) covered products and systems through implementing Mandatory Product Certification Schemes: the Philippine Standard (PS) Quality and/or Safety Certification Mark Licensing Scheme and the Import Commodity Clearance (ICC) Certification Scheme.

The DTI urges consumers to report violators of retailers, distributors, and manufacturers that sell uncertified items, through the Consumer Care Hotline at DTI (1-384) or consumercare@dti.gov.ph.

DTI Seizes Almost P.5M Uncertified Products in Manila; Affirms Stable BNPC Prices and Supply

The Department of Trade and Industry (DTI), through its Fair Trade Enforcement Bureau (FTEB), clutches Php418,578.00 worth of uncertified products; and verified the compliance of retail firms to the latest DTI Suggested Retail Price (SRP) bulletin in its simultaneous technical regulation enforcement and price and supply monitoring in Manila, on 16 December 2022.

Consumer Protection Group (CPG) Undersecretary Ruth B. Castelo led the DTI monitoring and enforcement teams in inspecting retail firms within Manila.

The heightened enforcement resulted in the confiscation of 650 pieces of uncertified products including 67 pieces of self-ballasted LED bulbs; 144 pieces of lavatories and water closets; and 39 pieces of electric fans, electric rice cookers, electric food mixers, and induction cookers.

“The DTI’s intensified enforcement operation is to ensure that household appliances and other consumer products in the market have undergone and met safety standards,” Usec. Atty. Castelo said.

Usec. Atty. Castelo also reiterated that the DTI’s enforcement initiative is not to restrict business transactions. Instead, it safeguards product quality that guarantees market competitiveness and consumer safety.

All nine (9) firms inspected were issued a Notice of Violation. Thus, as part of the due process, the representative of the stores was given 48 hours to provide an explanation related to the findings of noncompliance.

Last 07 December 2022, DTI also conducted a similar activity that seized 609 pieces of uncertified products worth Php90, 569.00. Such has caused the issuance of NOVs to eight (8) retail firms for selling uncertified electric kettles, electric food mixers, electric fans, electric grills, electric cookers, electric food processors, electric rice cookers, electric juicers, and self-ballasted LED lamps.

From January to November 2022, FTEB has already confiscated 219,693 pieces of uncertified products worth Php67,490,780.90

The nationwide campaign of DTI against uncertified items in the market underscores the enforcement of DTI technical regulations mandating compliance with Philippine Standard Certification Mark Schemes, particularly Department Administrative Order No. 02, Series of 2007.

To protect consumers or potential buyers of electrical and electronic products; mechanical or building and construction materials; and chemical and other consumer products and systems, DTI- Bureau of Philippine Standards (BPS) regulates 87 products and systems through implementing Mandatory Product Certification Schemes: the Philippine Standard (PS) Quality and/or Safety Certification Mark Licensing Scheme and the Import Commodity Clearance (ICC) Certification Scheme.

Meanwhile, Usec. Atty. Castelo also headed the price monitoring teams in inspecting two (2) supermarkets in Manila to check their compliance with the latest SRP bulletin, released last 12 August 2022.

Aside from being compliant with the latest SRP bulletin, Usec. Atty. Castelo affirmed that both of the monitored supermarkets follow the Noche Buena Price Guide. Moreover, all of the Shelf Keeping Units (SKUs) including Noche Buena items have appropriate price tags.

Furthermore, Usec. Atty. Castelo also expressed that based on their discussion with retail chains, owners, and operators, the DTI is certain that the supply and prices of Basic Necessities and Prime Commodities (BNPCs) including Noche Buena Products will continue to remain stable.

The DTI urges consumers to report retailers, distributors, and manufacturers that sell basic necessities above their SRPs or uncertified items, through the Consumer Care Hotline at DTI (1-384) or consumercare@dti.gov.ph.

DTI Boosts September Enforcement, Wipes Uncertified Products in LuzViMin

Deformed steel bars sealed in Cebu without the requisite labels and quality marks.

The Department of Trade and Industry (DTI), through its Fair Trade Enforcement Bureau (FTEB), inspected retail firms in Bulacan, Cebu, and Davao in September 2022 to ensure that only safe and reliable consumer products are in the market.

The DTI enforcement teams led by Consumer Protection Group (CPG) Undersecretary Atty. Ruth B. Castelo kicked off the intensified two-day operations in Cebu, 1-2 September. The teams have clamped down on 81,649 pieces of uncertified tires for automotive vehicles, G.I. steel pipes, deformed steel bars, and low carbon steel wires worth Php14,776,550.00.

Such was immediately followed by another successful enforcement operation in Davao del Norte, 15-16 September, where DTI cracked down 1,765 pieces of uncertified products worth Php830,520.00. The sealed products include self-ballasted LED lamps, PVC electrical tapes, plugs, socket-outlets, snap switches, BI/GI steel pipes, low carbon steel wires, pipes (uPVC) for potable water supply, uPVC rigid electrical conduit, ceramic Plumbing fixtures (sanitary wares), lead-acid storage batteries, inner tubes for tires, and tires for automotive vehicles.

Consumer Protection Group (CPG) Undersecretary Atty. Ruth B. Castelo sealing uncertified tires for automotive vehicles from a retail firm in Davao del Norte.

Ending the month strong, the steadfast enforcement operations in Malolos and Meycauayan, Bulacan last 22 September has led to the sealing of 1, 472 pieces of uncertified low carbon steel wires, tires for automotive vehicles, and lead acid storage batteries worth Php1,626,430.00.

Out of the 37 firms inspected, 23 non-compliant stores were issued Notices of Violation (NOVs), mandating them to explain within 48 hours from the receipt of the notice.

The nationwide campaign of DTI against uncertified items in the market underscores the enforcement of DTI technical regulations mandating compliance with Philippine Standard Certification Mark Schemes, particularly Department Administrative Order No. 02, Series of 2007.

“The DTI and its provincial and regional offices are one in ensuring that only certified products are being sold in the market; hence, as part of our regular function all of our enforcement teams regularly go out to check products under the mandatory certification,” said Usec. Castelo.

Usec. Castelo reiterated that aside from upholding consumer protection, intensified enforcement operations are also a great way to educate businesses about mandatory certification that they have to comply with for a fair trading environment.

From January to August 2022, DTI has already sealed 113,825 pieces of non-conforming products with an estimated retail value of Php34,345,283.98.

To protect consumers or potential buyers of electrical and electronic products; mechanical or building and construction materials; and chemical and other consumer products and systems, DTI-BPS regulates 111 products and systems through implementing Mandatory Product Certification Schemes: the Philippine Standard (PS) Quality and/or Safety Certification Mark Licensing Scheme and the Import Commodity Clearance (ICC) Certification Scheme.

The DTI enjoins consumers to report retailers, distributors, and manufacturers that sell necessities above their SRPs, through the Consumer Care Hotline at DTI (1-384) or consumercare@dti.gov.ph.

DTI Releases Policy Advisory on Basic Consumer Rights

The Department of Trade and Industry (DTI), through the Consumer Policy and Advocacy Bureau (CPAB), issued Policy Advisory No. 22-01 on the Eight (8) Basic Consumer Rights. This is to elucidate the legal bases of the rights in guiding consumers on which laws to invoke in reference to their rights.

The Eight (8) Basic Consumer Rights are the rights to Basic Needs, Safety, Information, Choice, Redress, Representation, Redress, Consumer Education, and a Healthy Environment.

In a special message to the US Congress on 15 March 1962, US President John F. Kennedy first outlined a vision of Consumer Rights. He stressed the relevance of safeguarding consumers against faulty or defective products and against misleading or deceptive advertising methods. Consumers Internationale, which consists of country consumer groups, supported this vision and conducted campaigns on consumer rights. Consequently, the United Nations Economic and Social Council (UN ECOSOC) issued Resolution 1984/63, United Nations Guidelines for Consumer Protection, adopting the Consumer Rights, on 26 July 1984. During the 106th United Nations Plenary Meeting on 09 April 1985, the UN Guidelines for Consumer Protection were elaborated through ECOSOC Resolution 39/248. The UN ECOSOC expanded this to include Sustainable Consumption through Resolution 1999/7, and during the 81st United Nations Plenary Meeting on 22 December 2015, the Second Committee adopted Resolution 70/186 on Consumer Protection to address technological challenges that consumers face.

In the Philippines, the 1987 Philippine Constitution and Republic Act No. 7394, or the Consumer Act of the Philippines, protect consumers from trade malpractices, and specifies the rights of consumers and the responsibilities of sellers, producers, retailers, distributors, and manufacturers. However, these are not the exclusive source of consumer rights.

DTI-Consumer Protection Group (CPG) Undersecretary Atty. Ruth B. Castelo emphasizes, “This policy advisory promotes a deeper understanding and appreciation of consumer welfare and consumer rights”.

The policy advisory listed the legal bases for each consumer right. DTI-Consumer Policy and Advocacy Bureau (CPAB) Director Atty. M. Marcus N. Valdez II points out that, “The laws provided in the advisory for the protection and promotion of consumer rights are not exclusive as other laws, rules, regulations, and issuances may also be sources of consumer rights. As far as practicable, the Basic Consumer Rights should be referred to or invoked in all matters related to consumer protection, including but not limited to settlements, decisions, resolutions in mediation or adjudication of consumer complaints.”

A copy of the advisory can be downloaded from the DTI website.

For consumer-related concerns and queries, send an email to ConsumerCare@dti.gov.ph or call the One-DTI (1-384) Hotline.