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

WSJ: White House Pushes for More Flavored Vape Approvals as FDA Commissioner Makary Blocks Move
WSJ: White House Pushes for More Flavored Vape Approvals as FDA Commissioner Makary Blocks Move
According to The Wall Street Journal, the White House is pushing to allow more flavored vape products onto the market for the first time in years, but FDA Commissioner Marty Makary opposes the move and has blocked the plan. The report said a memo from Makary’s office prevented authorization of several flavors from vape maker Glas, even after FDA scientific reviewers had supported them.
Apr.20 by 2FIRSTS.ai
Shunhao Shares Reports 2025 Revenue of RMB 1.188 Billion, While Q1 2026 Net Profit Rises 49.94% and New Tobacco Operations Continue
Shunhao Shares Reports 2025 Revenue of RMB 1.188 Billion, While Q1 2026 Net Profit Rises 49.94% and New Tobacco Operations Continue
Shunhao Shares’ 2025 annual report summary and first-quarter 2026 report show that the company recorded 2025 revenue of RMB 1.188 billion, down 21.78% year on year, while net profit attributable to shareholders rose 30.00% to RMB 58.94 million. In the first quarter of 2026, revenue was RMB 291.51 million, down 10.34% year on year, while attributable net profit rose 49.94% to RMB 19.98 million.
Apr.29 by 2FIRSTS.ai
Cross-Party Romanian Lawmakers Propose Ban on E-Cigarettes and Heated Tobacco Use in All Enclosed Public Spaces
Cross-Party Romanian Lawmakers Propose Ban on E-Cigarettes and Heated Tobacco Use in All Enclosed Public Spaces
Lawmakers from Romania’s USR, PSD and PNL have submitted a bill that would ban e-cigarettes, vapes and heated tobacco devices in all enclosed public spaces. The proposal would redefine “smoking” so that inhaling aerosols produced by heating or vaporizing products containing tobacco, nicotine or other substances intended for inhalation would also be considered smoking, except for medical-use products.
Apr.17 by 2FIRSTS.ai
Ukrainian Prosecutors and Economic Security Bureau Dismantle Illegal Vape Liquid Network Worth About UAH 30 Million
Ukrainian Prosecutors and Economic Security Bureau Dismantle Illegal Vape Liquid Network Worth About UAH 30 Million
Ukraine’s Office of the Prosecutor General and the Bureau of Economic Security said they uncovered an illegal production and sales scheme for e-cigarette liquids that had been operating in Ukraine since 2023.
Apr.14 by 2FIRSTS.ai
Alberta Seeks to Add New Vape Restrictions on Top of Existing Tobacco Framework
Alberta Seeks to Add New Vape Restrictions on Top of Existing Tobacco Framework
A new Alberta bill aimed at reducing vaping rates, especially among young people, is moving into the legislative process. Bill 208, the Vaping Reduction Act, was introduced by United Conservative Party MLA Chelsae Petrovic and appears to build on the province’s existing Tobacco, Smoking and Vaping Reduction Act. Early reporting suggests the bill could focus on disposable vapes and impose further limits on youth access to vaping products.
Apr.15 by 2FIRSTS.ai
South Korea Set to Enforce Liquid Vape Ban in Smoke-Free Areas, but Welfare Ministry Abruptly Adds Two-Month Guidance Period
South Korea Set to Enforce Liquid Vape Ban in Smoke-Free Areas, but Welfare Ministry Abruptly Adds Two-Month Guidance Period
Local governments across South Korea recently issued press releases saying they would intensively crack down on the use of liquid e-cigarettes in smoke-free areas. Since the revised Tobacco Business Act, passed in December last year, included liquid e-cigarettes within the definition of tobacco and took effect on April 24, local authorities had prepared to begin enforcement immediately.
Apr.27 by 2FIRSTS.ai