A top official of the Flare brand of vapes, which was "maliciously" hit by an advocacy group for being an alleged predecessor of the banned Flava brand, has cried foul on this accusation.

“Flare was never 'banned' by DTI. There was a preliminary suspension from DTI, but the same was lifted after payment of a fine,” said Paul Jefferson Vivas, president of Apex Pacific Corporation, makers of Flare vape brand, in an exclusive interview with DAILY TRIBUNE on Monday.

Vivas wondered where the group got the idea that they are associated with Flava and that they are unceasingly selling their vape products. In fact, they have not even started vending their products, as they are still completing their application for the PS (Philippine Standard) Mark, as part of the regulations of the Office for the Special Mandate on Vaporized Nicotine and Non-Nicotine Products, their Devices, and Novel Tobacco Products (OSMV).

“Flare has not yet started selling to the public as it is still waiting for the PS Mark from DTI. Hence, it is not true that there is continued sale and distribution of the Flare vape brand as Flare has yet to release its products in the market,” Vivas stressed.

Established under DTI Department Order No. 24-154 (DO24-154) in 2024, OSMV is dedicated to regulating the vaporized nicotine and novel tobacco market, ensuring consumer safety and compliance with RA11900, the Vaporized Nicotine and Non-Nicotine Products Regulation Act, also known as the Vape Law. 

“We want to earn the reputation to be one, if not the only one vape brand that complied with the mandate of the Vape Law. That is our mantra,” according to Vivas.

Apart from the PS Mark application, which they expect to be decided by the DTI next week, among other procedures, Vivas disclosed that Flare has paid all its taxes and duties.

“All Flare products to be distributed later on after receiving the PS Mark from DTI all have corresponding BIR tax stamps. Flare is a different entity separate and distinct from Flava. Flare is not connected with or much less a rebranding of Flava or any other vape corporation, entity, or product,” according to Vivas.

The DAILY TRIBUNE tried to sought comment from OSMV director Marcus Valdez. They did not respond as at publishing time.

In a press statement on 26 November, the DTI disclosed that they had already lifted the Preliminary Order/Preventive Measure Order of Flare, alongside other vape products Nixx, and Vapengin, noting that the said brands have just to comply with licensing requirements from them.

However, the sale of these products remains prohibited until their respective PS Licenses are issued, which, according to Vivas, will be decided by the DTI in a week.

On the other hand, the Trade Department, through the Fair-Trade Enforcement Bureau, on 15 March 2024, ordered the suspension of the sale, manufacturing, import, and distribution of Flava Corporation’s vape products.