1 August 2024, Manila – After a protracted legal challenge by the tobacco industry, the Supreme Court of the Philippines has reaffirmed its 2021 decision, asserting the Food and Drug Administration’s (FDA) regulatory oversight over the health aspects of tobacco products. The Southeast Asia Tobacco Control Alliance (SEATCA) welcomed this decision that rejects with finality the appeal of the Philippine Tobacco Institute (PTI), saying it paves the way for theFDA to finally get on with its work to implement tobacco control measures without interference from the tobacco industry.
“This legal battle is a classic example of the tobacco industry’s tactic to delay and derail life-saving tobacco control policies. The Supreme Court’s exemplary ruling safeguards the health and well-being of all Filipinos andshould be emulated by governments in other countries. We must actively protect the power of health authorities to regulate the tobacco industry and reject any attempts to undermine or discredit these health authorities,” said SEATCAExecutive Director, Dr. Ulysses Dorotheo.
Based on Republic Act (RA) No. 9711 or the Food and Drug Administration Act of 2009, the Department of Health is responsible for regulating tobacco products through the FDA on the basis that these products affect health. The Act’s implementing rules also require the FDA to protect the formulation and implementation of tobacco control measures from interference by the tobacco industry and others that work to further its interests; this is in line with Article 5.3 of the WHO Framework Convention on Tobacco Control (FCTC), which the Supreme Court recognizes as part of Philippine law.
In 2011, PTI filed a case in the lower courts, claiming that the Inter-Agency Committee on Tobacco (IACT), chaired by the Department of Trade and Industry (DTI), holds exclusive regulatory powers over tobacco products, as per the Tobacco Regulation Act of 2003 (RA No. 9211).
In 2021, the Supreme Court ruled in favor of the FDA, and has now reaffirmed its decision and rejected the motion for reconsideration filed by PTI and Albay 1st DIstrict Representative Edcel Lagman.
In its ruling, the Supreme Court stated, “All products affecting health, including tobacco products, are covered by the FDA’s mandate to ensure the safety, efficacy, purity, and quality of health products. Thus, the inclusion of tobacco products in the implementing rules of the FDA Act is in accordance with the law.”
“We call upon Philippine lawmakers to reconsider the Vaporized Nicotine and Non-Nicotine Products Regulations Act, which gave the DTI regulatory authority over electronic smoking devices (ESD). As ESDs are harmful to health, the FDA is the appropriate agency to regulate these products,” added Dr Dorotheo.
Contact Information:
Ms Val Bugnot, Media and Communications Manager, SEATCA Email: val@seatca.org
Mobile: +63 917 312 4600
About SEATCA
SEATCA is a multi-sectoral non-governmental alliance promoting health and saving lives by assisting ASEAN countries to accelerate and effectively implement the tobacco control measures contained in the WHO FCTC. Acknowledged by governments, academic institutions, and civil society for its advancement of tobacco control in Southeast Asia, the WHO bestowed on SEATCA the World No Tobacco Day Award in 2004 and the WHO Director-General’s Special Recognition Award in 2014. SEATCA is an accredited ASEAN entity and an official Observer to the WHO FCTC Conference of Parties.