Tulfo seeks probe into sale of illegal vapes on online shopping apps

Sen. Raffy Tulfo, of the Committee on Public Services, presides over the hearing in the Senate in this file photo taken on October 23, 2024. (Senate Public Relations and Information Bureau).

MANILA, Philippines – Senator Raffy Tulfo called for an investigation on the irregular sale of vape products on Lazada, Shopee, TikTok, and other social media platforms, as well as the proliferation of fake items online.

Tulfo filed Resolution No. 1232 on Nov. 13, 2024, calling on the appropriate Senate committee to conduct an inquiry in aid of legislation on the irregular sale of vapes and other regulated goods in various e-marketplaces and the proliferation of fake items online in violation of Republic Act 11967, or the Internet Transactions Act of 2023.

RA 11967 is a new law that 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 the 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.

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 that despite the issuance of the administrative order, vape products and devices are still being sold online through e-commerce platforms such as Lazada and Shopee.

He said that while some sellers have the “verification” feature, this process can easily be circumvented and bypassed, making these regulated products readily accessible even to minors.

Tulfo noted that on online platform TikTok, no such verification feature is installed in various sellers’ accounts, and some bypass the verification process by posting the instruction: “order via private message. He said this renders “the directive of DTI useless and futile.”

“In addition to the irregular sale of vapes, several online sellers are also actively violating community guidelines and policies by selling adult and explicit items using offensive images,” Tulfo said in the resolution.

He said these products, for lack of sufficient disclaimers and erroneous labels, could be easily accessed by children or individuals below 18 years old.

Tulfo said that 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, in fact, been labeled as Asia’s epicenter for online shopping scams, and these illegal activities distinctly rise during Christmas season, where scammers take advantage of people’s increased spending, generosity, and holiday-related stress to trick them into falling for various fraudulent schemes,” Tulfo said.

He also noted a surge in the online selling of toy products, such as the viral “Labubu” doll craze, in which sellers have been offering both original and knock-off versions at prices that are shocking to the senses.

“The sale of these exorbitant items is especially reinforced by false and deceptive advertising, in blatant violation of the provisions of Republic Act 7394, otherwise known as the Consumer Act of the Philippines,” he said.

Tulfo said 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.

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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 said it had identified more than 400 sellers of illicit vape products, which are either unregistered or whose products do not carry the appropriate revenue stamps.