Philippine Supreme Court Grants FDA Authority Over Tobacco Products

Jul.31.2024
Philippine Supreme Court Grants FDA Authority Over Tobacco Products
Philstar reported on July 31 that the Philippine Supreme Court ruled FDA has authority to regulate tobacco products.

According to a report by Philstar on July 31, the Supreme Court of the Philippines ruled that the Food and Drug Administration (FDA) has the authority to regulate tobacco products. The FDA, formerly known as the Bureau of Food and Drugs (BFAD), was renamed the Food and Drug Administration of the Philippines (FDA) after the signing of Republic Act No. 9711 on August 18, 2009 by the Philippine President.


In a ruling issued on July 23, the Supreme Court rejected the reconsideration requests filed by the Philippine Tobacco Institute (PTI) and Albay representative Edcel Lagman.


The Supreme Court stated that according to Republic Act No. 9711 (Food and Drug Administration Act), the FDA has regulatory authority over all health products.


The implementation regulations of this law also stipulate that the Ministry of Health is responsible for overseeing tobacco products through the FDA.


PTI has questioned the authority of the FDA, arguing that the Inter-Agency Committee on Tobacco (IAC) has exclusive jurisdiction over tobacco products, including their health aspects.


The regional first-instance court issued a ruling favorable to PTI, stating that tobacco products do not fall under the jurisdiction of the FDA.


However, the Supreme Court overturned this decision in 2021, prompting PTI and Lagman to file applications for reconsideration.


In resolving this case, the Supreme Court ruled that the IAC does not have exclusive jurisdiction over tobacco products.


All products that affect health, including tobacco, are within the purview of the FDA to ensure the safety, effectiveness, and quality of health products.


The Supreme Court stated that including tobacco products in the FDA's regulatory framework also aligns with the country's commitments under the World Health Organization's Framework Convention on Tobacco Control.


The Department of Health (DOH) appreciates the decision of the Supreme Court, stating that it "promotes and safeguards the health of present and future Filipinos.


This is a decisive step in the tobacco industry's attempts to evade regulation.


We welcome news tips, article submissions, interview requests, or comments on this piece.

Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn


Notice

1.  This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.

2.  The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.

3.  This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.

4.  Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.

 

Copyright

 

This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.

For copyright-related inquiries, please contact: info@2firsts.com

 

AI Assistance Disclaimer

 

This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.

We welcome any corrections or feedback. Please contact us at: info@2firsts.com

Bedford supermarket ordered to close for three months for selling illegal tobacco and e-cigarettes
Bedford supermarket ordered to close for three months for selling illegal tobacco and e-cigarettes
Officials from the Trading Standards Department of Bedford City Council in the UK have issued a three-month closure order to a supermarket because it repeatedly violated regulations by selling illegal tobacco and e-cigarette products.
Sep.29 by 2FIRSTS.ai
Malaysia CID Endorses Nationwide Vape Ban Amid Rising Drug-Laced Vape Cases
Malaysia CID Endorses Nationwide Vape Ban Amid Rising Drug-Laced Vape Cases
Malaysia’s Federal Criminal Investigation Department (CID) has voiced support for a nationwide ban on vaping, particularly targeting drug-laced vape devices, to address rising abuse cases.
Oct.23 by 2FIRSTS.ai
Russian State Duma considers regulations to address widespread use of e-cigarettes among youth
Russian State Duma considers regulations to address widespread use of e-cigarettes among youth
Russian Duma considers comprehensive regulations to address widespread e-cigarette use among youth, including potential sales bans and flavor restrictions.
Oct.20 by 2FIRSTS.ai
EU Cardiovascular Health Plan Consultation Highlights Tobacco Debate — 2Firsts Analysis Reveals Divide Between “Cessation” and “Harm Reduction” Approaches
EU Cardiovascular Health Plan Consultation Highlights Tobacco Debate — 2Firsts Analysis Reveals Divide Between “Cessation” and “Harm Reduction” Approaches
As the EU finalizes its Cardiovascular Health Plan, public feedback reveals a sharp divide over nicotine policy.A 2Firsts analysis of 677 submissions found that nearly one in four mentioned tobacco — highlighting tension between strict control and harm reduction approaches.
Oct.07
Tyumen Regional Parliament in Russia Reviewing Bill to Impose Total Ban on E-Cigarette Sales
Tyumen Regional Parliament in Russia Reviewing Bill to Impose Total Ban on E-Cigarette Sales
Russia's Tyumen Council is considering a bill to ban e-cigarettes and vaping products, sparking concerns about potential risks.
Oct.13 by 2FIRSTS.ai
Vietnam’s Health Ministry Proposes Including E-Cigarettes and Heated Tobacco in the Investment Law Ban List
Vietnam’s Health Ministry Proposes Including E-Cigarettes and Heated Tobacco in the Investment Law Ban List
Vietnam’s Ministry of Health has submitted a proposal to the Government Office recommending that “e-cigarettes and heated tobacco products” be added to the list of prohibited investment and business sectors in the amended Investment Law. The proposal aligns with National Assembly Resolution No. 173/2024/QH15, which bans the production, trade, import, and use of these products starting in 2025.
Nov.12 by 2FIRSTS.ai