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

Fontem Sues FDA Over Refusal-to-File Decision for Nicotine Pouch PMTAs
Fontem Sues FDA Over Refusal-to-File Decision for Nicotine Pouch PMTAs
According to a complaint filed on March 17 in the U.S. District Court for the Northern District of Texas, Fontem US, LLC and Texas retailer OM Investment, LLC sued the Food and Drug Administration and the Department of Health and Human Services over FDA’s refusal-to-file decision for certain Zone nicotine pouch PMTAs.
Mar.19 by 2FIRSTS.ai
Canadian Border Officers Seize Contraband Worth CAD 4.5 Million at Point Edward Crossing
Canadian Border Officers Seize Contraband Worth CAD 4.5 Million at Point Edward Crossing
The Canada Border Services Agency said border officers at the Point Edward port of entry in Sarnia, Ontario, seized more than CAD 4.5 million worth of illegal tobacco and nicotine vapes over a seven-day period. The agency said the contraband was entering Canada from the United States and described the seizure as part of ongoing efforts to prevent illegal products from entering the country and disrupt organized crime.
Mar.26 by 2FIRSTS.ai
BAT Malaysia Launches Workforce Exercise to Improve Efficiency and Align With Future Business Direction
BAT Malaysia Launches Workforce Exercise to Improve Efficiency and Align With Future Business Direction
British American Tobacco Malaysia has announced a workforce optimisation exercise aimed at streamlining operations ahead of a major shift in its distribution strategy.
Apr.01 by 2FIRSTS.ai
Pennsylvania to Publish Vape Manufacturer Directory by June 20
Pennsylvania to Publish Vape Manufacturer Directory by June 20
Now that Act 57 of 2025 is in effect, every manufacturer of nicotine-containing electronic cigarettes sold or offered for retail sale in Pennsylvania must be certified by the Pennsylvania Office of the Attorney General.
Apr.10 by 2FIRSTS.ai
Scandinavian Tobacco Group releases 2025 results: tariffs and weaker demand weigh on performance, revenue about $1.4 billion
Scandinavian Tobacco Group releases 2025 results: tariffs and weaker demand weigh on performance, revenue about $1.4 billion
Scandinavian Tobacco Group (STG) reported its 2025 results: revenue was 9.036 billion Danish kroner (about $1.407 billion); EBITDA before special items was 1.791 billion Danish kroner (about $278 million); and free cash flow before acquisitions was 595 million Danish kroner (about $92.7 million). Multiple metrics declined year over year, and the company did not meet its Q3-updated guidance for revenue and free cash flow.
Mar.05 by 2FIRSTS.ai
VCU Signs Letter of Intent to Buy Altria Building for USD 150 Million, Pending State Approval
VCU Signs Letter of Intent to Buy Altria Building for USD 150 Million, Pending State Approval
Virginia Commonwealth University has signed a letter of intent to acquire Altria Group’s 450,000-square-foot building in downtown Richmond for USD 150 million, but the deal still depends on approval from the General Assembly. The university said the facility would support expansion of the Massey Comprehensive Cancer Center and help grow enrollment in its new School of Public Health and School of Pharmacy. VCU also said constructing a comparable facility would cost about USD 715 million.
Mar.13 by 2FIRSTS.ai