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

Coral Springs, Florida Moves to Extend Ban on New Vape Shops as Number of Existing Stores Reaches 23
Coral Springs, Florida Moves to Extend Ban on New Vape Shops as Number of Existing Stores Reaches 23
Coral Springs, Florida is considering extending its six-month moratorium on new smoke and vape shops as it works to finalize zoning rules and regulatory measures in response to a rapid increase in such retailers in recent years. The city is already home to 23 smoke and vape shops.
Dec.01 by 2FIRSTS.ai
Belarus Proposes Criminal Liability for Selling Vapes to Minors
Belarus Proposes Criminal Liability for Selling Vapes to Minors
Belarus is discussing the introduction of criminal liability for selling vapes and related nicotine-containing products to minors. During a meeting of the expert council, a draft law regulating tobacco and non-tobacco nicotine products received support from most members.
Dec.15 by 2FIRSTS.ai
NJOY and Altria ask federal court to halt ITC proceeding, alleging multiple constitutional defects
NJOY and Altria ask federal court to halt ITC proceeding, alleging multiple constitutional defects
A filing in the U.S. District Court for the Eastern District of Virginia (Richmond Division) shows NJOY and Altria entities submitted a plaintiffs’ reply supporting their motion for summary judgment, arguing the challenged ITC proceeding is unconstitutional on multiple grounds, including ALJ appointment authority, removal protections, and Article III limits under the Jarkesy framework. The plaintiffs seek summary judgment and a permanent injunction barring continuation of the ITC proceeding.
Jan.08 by 2FIRSTS.ai
Perak to stop issuing new vape licences, aiming for a phased “zero sales” outcome after October
Perak to stop issuing new vape licences, aiming for a phased “zero sales” outcome after October
Perak executive councillor Datuk Sivanesan said the state government aims to progressively reach a “zero” level of vape sales no later than after October, noting vape operators were clearly informed in October 2025.
Jan.05 by 2FIRSTS.ai
Two Taunton Shops Closed After Seizure of Illegal Tobacco and Vapes
Two Taunton Shops Closed After Seizure of Illegal Tobacco and Vapes
Two shops in Taunton have been ordered to close for three months after authorities found illegal tobacco and vape products worth around £50,000. The seizures followed joint operations involving Trading Standards officers, police and tobacco detection dogs. Magistrates ruled that closing the premises was necessary to prevent further criminal activity.
Dec.23 by 2FIRSTS.ai
2Firsts Special Report|China’s Nicotine Pouch Manufacturing Goes Global: A Supply Chain Reshaped and Redirected
2Firsts Special Report|China’s Nicotine Pouch Manufacturing Goes Global: A Supply Chain Reshaped and Redirected
China’s nicotine pouch manufacturing expanded rapidly in 2024 but cooled sharply in 2025. Meanwhile, global demand continued to grow strongly, with multinational tobacco companies increasing investment, prompting some Chinese manufacturers to accelerate the shift of production to Southeast Asia and Europe.
Nov.21