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

Philip Morris and BAT’s Nicoventures Win EPO Appeal to Revoke VMR Vape Patent
Philip Morris and BAT’s Nicoventures Win EPO Appeal to Revoke VMR Vape Patent
The EPO Technical Board of Appeal 3.2.02 (T 1319/24) revoked VMR Products LLC’s EP3613453 “VAPORIZER” patent after finding that a 2012 YouTube video of the Innokin iTaste VV (D3) disclosed the claimed electrical contact arrangement. Opponents Nicoventures Trading Ltd (BAT subsidiary) and Philip Morris Products S.A. prevailed.
BATPMI
Feb.17
PMI launches IQOS Iluma i One in the UK, compatible with TEREA tobacco sticks
PMI launches IQOS Iluma i One in the UK, compatible with TEREA tobacco sticks
Philip Morris Limited (PML), the UK affiliate of Philip Morris International (PMI), has launched the latest addition to its heated tobacco IQOS lineup, the IQOS Iluma i One, in the UK. The device uses a bladeless induction-heating system and adds features such as a touchscreen and automatic start-up, while being designed for use with TEREA tobacco sticks, including the Pearls range.
Feb.10 by 2FIRSTS.ai
Product | OXVA launches SlimStick X in Europe and the U.S., shifting from pre-filled to open-system refilling
Product | OXVA launches SlimStick X in Europe and the U.S., shifting from pre-filled to open-system refilling
OXVA has recently launched its new e-cigarette, the SlimStick X. Unlike its predecessor, the SlimStick, which used a pre-filled pod system, the SlimStick X adopts an open-system refillable design, featuring a 2ml pod, a 1.0Ω coil, and a 1400mAh battery. The product has entered online retail channels in markets including the United States, the United Kingdom, Greece, and Spain, with a price of about $23.99.
Mar.06 by 2FIRSTS.ai
FDA Says Flavored ENDS Must Show “Added Benefit” as Small Manufacturers Seek Clearer Switching Benchmarks
FDA Says Flavored ENDS Must Show “Added Benefit” as Small Manufacturers Seek Clearer Switching Benchmarks
During the FDA PMTA roundtable session on “Studies of Adult Benefit,” officials said flavored ENDS must demonstrate “added benefit” over tobacco-flavored products under the APPH standard, including sustained complete switching evidence. Small manufacturers questioned switching benchmarks, study duration, and bridging expectations.
Feb.11
KDCA youth panel: health indicators worsen with grade level; liquid e-cigarette use tops cigarettes among 11th-grade students
KDCA youth panel: health indicators worsen with grade level; liquid e-cigarette use tops cigarettes among 11th-grade students
Korea Disease Control and Prevention Agency’s Youth Health Panel Survey (2025) Final Results Report says key adolescent health indicators worsen as students move up grade levels. By 11th grade, lifetime tobacco experience rose to 9.59%. Among 11th-grade girls, current use of liquid e-cigarettes (1.54%) surpassed conventional cigarettes (1.33%) for the first time.
Feb.10 by 2FIRSTS.ai
Tennessee’s “Tobacco Product Retail Licensing Act” Would Require New Licenses for Tobacco and Vapes
Tennessee’s “Tobacco Product Retail Licensing Act” Would Require New Licenses for Tobacco and Vapes
A newly introduced Tennessee bill, S.B. 2086, would create a statewide tobacco product retail licensing system, move oversight to the Tennessee Alcohol Commission, and impose fees and escalating penalties. The proposal also requires all tobacco product sales to occur as in-person, over-the-counter transactions at licensed locations—effectively banning direct-to-consumer shipping of cigars and potentially restricting curbside or phone-order pickup models.
Jan.28 by 2FIRSTS.ai