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

U.S. 25 Attorneys General Urge Shopify to Block Illegal E-Cigarette Sales
U.S. 25 Attorneys General Urge Shopify to Block Illegal E-Cigarette Sales
California Attorney General Rob Bonta and the City of New York co-led a bipartisan coalition of 25 attorneys general in urging Shopify Inc. to take stronger measures against merchants selling illegal e-cigarettes and other tobacco products through its platform. The letter calls for cooperation between Shopify and U.S. states to address the persistent sale of unapproved vaping products.
Nov.25 by 2FIRSTS.ai
China Qingdao Jiaodong Airport Customs Seizes 430 Disposable E-Cigarettes and 8600ml of E-Liquid
China Qingdao Jiaodong Airport Customs Seizes 430 Disposable E-Cigarettes and 8600ml of E-Liquid
Qingdao Jiaodong Airport customs seized 430 disposable e-cigarettes with 8600ml e-liquid, exceeding personal duty-free limits. Items detained for legal processing.
Oct.14 by 2FIRSTS.ai
NYC Reaches Settlement with E-Cigarette Distributors in Flavored Vape Crackdown
NYC Reaches Settlement with E-Cigarette Distributors in Flavored Vape Crackdown
New York City has reached settlement agreements with two e-cigarette wholesalers accused of selling flavored vapes illegally. The companies agreed to stop all flavored vape transactions in the city and face $1,000 fines for future violations. Litigation against other defendants in the broader case continues.
Nov.25 by 2FIRSTS.ai
PMI Compares Smoke-Free Policies in Three Countries: Japan and New Zealand Lead Tobacco Control, While Thailand’s Ban Stalls Harm Reduction
PMI Compares Smoke-Free Policies in Three Countries: Japan and New Zealand Lead Tobacco Control, While Thailand’s Ban Stalls Harm Reduction
PMI Malaysia says Japan and New Zealand’s regulated smoke-free alternatives have hastened smoking declines, whereas Thailand’s post-2014 ban drives smokers to cigarettes or the black market—evidence, PMI argues, that pairing regulated alternatives with traditional controls could improve public health faster.
Oct.15 by 2FIRSTS.ai
FDA Calls on Retailers to Remove Illegal E-Cigarettes from Shelves, Will Send List of Legal Products to 300,000 Stores
FDA Calls on Retailers to Remove Illegal E-Cigarettes from Shelves, Will Send List of Legal Products to 300,000 Stores
FDA launches national retail compliance initiative to combat illegal e-cigarette sales targeting youth, issuing guidance materials to over 300k retailers.
Oct.08 by 2FIRSTS.ai
R.J. Reynolds Seeks Dismissal of “Carbon Neutral” Lawsuit over Vuse E-Cigarette Claims
R.J. Reynolds Seeks Dismissal of “Carbon Neutral” Lawsuit over Vuse E-Cigarette Claims
R.J. Reynolds Vapor Co. has moved to dismiss a class-action lawsuit alleging false “carbon neutral” claims for its Vuse e-cigarettes, arguing its statements were based on independent certifications from Verra and Vertis, not misleading consumers.
Oct.23 by 2FIRSTS.ai