What happened to Flava Vape? Why is Flava closed?
In March 2024, amid allegations of illegal marketing to minors and tax evasion, the Department of Trade and Industry (DTI) ordered the suspension of the sale, manufacturing, importation, and distribution of Flava vape in the Philippines. DTI’s Fair Trade Enforcement Bureau (FTEB) issued the order to Flava Corporation, Lilac’s Vape Shop, and social media influencer & Flava’s Chief Operating Officer, Lilac Sison Tayaban, as a precautionary action to prevent the continuation of the reported violations. Sampaloc, Manila-based Flava was the respondent to formal charges in relation to the violations of Republic Act No. 11900, or the Vaporized Nicotine and Non-Nicotine Products Regulation Act, before the order issued by the FTEB.
In May 2024, Department of Trade and Industry (DTI) found Flava vape guilty of violating the Section 12 of the Philippines Vape Law – which prohibits the sale of vape products that target minors with appealing flavor descriptors. Subsequently, Flava Corporation and Lilac Sison Tayaban – operating under the business name “Lilacs Vape Shop”- were jointly penalized with an administrative fine of ₱100,000, based on the decision in Admin Case No. FC 2024-305. In pursuit of a more stringent penalty, the DTI Prosecution Unit filed a partial Motion for Reconsideration of the decision.
Is Flava illegal? Is Flava still banned in the Philippines?
Flava is illegal in the Philippines as Department of Trade and Industry (DTI) still maintains the suspension of the sale, manufacturing, importation and distribution of Flava products. In other words, Flava vape ban remains in effect to date in the Philippines. It is illegal to sell banned products (i.e. engage in illicit trade), regardless of the sales channels – whether be at traditional retailers, through vending machines or online.
The DTI committed to intensify the crackdown on the sale and illegal trade of vape products, both in physical stores and online, and the Bureau of Internal Revenue (BIR) frequently raids and confiscates Flava vapes still being sold in the Philippines.
What’s wrong with Flava?
Flava faces allegations of illegal marketing to minors and tax evasion in the Philippines. Based on the laboratory testing of Flava vapes, the Philippine House Committee on Ways and Means discovered that Flava illegally imported vapes from China without proper tax declaration. Flava allegedly mislabeled its ingredient as freebase nicotine, which has a lower excise tax than nicotine salt used in Flava products. Accordingly, Bureau of Internal Revenue filed criminal tax evasion charges against Flava.
Moreover, the House committee stated that Flava’s aggressive marketing of its flavored vapes to minors, especially on social media, is a violation of Republic Act No. 11900 (the “Vape Law”). The violation is particularly in relation to product communication restrictions, including the use of flavor descriptors and celebrities. Section 12 of the Vape Law prohibits the sale of vape products with flavor descriptors targeting minors – including references to fruits, candy brands, desserts, or cartoon characters. Additionally, the same section bans the use of celebrities in endorsing or advertising vape products.
Is Flava Vape available in the Philippines?
As of today, Flava vape products are officially banned in the Philippines. While the official sale of Flava products is prohibited in the Philippines, some retailers continue to illegally sell them through informal channels or online platforms in the absence of effective enforcement by regulatory authorities.
What are the popular vapes in the Philippines? What is the best vape in the Philippines? What vape brands are available in the Philippines?
Flava was by far the most popular vape in the Philippines until it was pulled from shelves by the Department of Trade and Industry (DTI) in March 2024. The sudden absence of popular Flava brand created a vacuum in the Philippines vape market. This “lucrative” vacuum is tried to be filled by numerous brands; currently, X-Vape, Tomoro, Vagend, Phantom Vape, RELX, One Bar, KLIQ, Truez and Don Bars are the popular vapes in the Philippines. Moreover, these vape brands are certified by the Office for the Special Mandate on Vaporized Nicotine and Non-Nicotine Products, their Devices, and Novel Tobacco Products (OSMV); thereby, these are the vape brands legally available in the Philippines.
Is vaping allowed in the Philippines? Is it allowed to vape in public in the Philippines?
Vaping is legal in the Philippines. However, Republic Act No. 11900 prohibits the use of vapes in all indoor public places, except in Designated Vaping Areas (DVAs) and in point-of-sale establishments for purposes of conducting product demonstrations. Vaping is absolutely prohibited in the following public places:
(a) Centers of youth activity such as play schools, preparatory schools, elementary schools, high schools, colleges and universities, youth hostels and recreational facilities for persons under eighteen (18) years old;
(b) Elevators and stairwells;
(c) Locations in which fire hazards are present, including gas stations and storage areas for flammable liquids, gas explosives or combustible materials;
(d) Within the buildings and premises of public and private hospitals, medical, dental and optical clinics, health centers, nursing homes, dispensaries and laboratories;
(e) Public conveyances and public facilities including airport and ship terminals and train and bus stations, restaurants and conference halls, except for DVAs;
(f) Food preparation areas;
(g) Churches and other similar places where people congregate for worship; and
(h) Within the building and premises of government offices, except for DVAs.
