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

2Firsts Interview | Prague Move Puts Eastern Europe in Focus for Nicotine Industry Event EVO NXT
2Firsts Interview | Prague Move Puts Eastern Europe in Focus for Nicotine Industry Event EVO NXT
EVO NXT will move to Prague in April 2026. As an event’s official media partner for four consecutive years, 2Firsts recently interviewed the organisers, who said the relocation reflects strong growth in Eastern European markets for alternative nicotine products. They described EVO NXT as not a traditional trade fair but a business festival shaped by rapid changes in regulation, markets and technological innovation across the global nicotine industry.
Feb.03
Philip Morris Japan adds “Electric Purple” to IQOS ILUMA i range, expands to convenience stores from Feb. 3
Philip Morris Japan adds “Electric Purple” to IQOS ILUMA i range, expands to convenience stores from Feb. 3
Philip Morris Japan (PMJ) said on Jan. 29 it has introduced “Electric Purple” as a new standard color option for its IQOS ILUMA i heated tobacco device lineup, covering three models with prices unchanged. The new color will be available from Jan. 29 via the company’s official online and store channels, with sales expanding to convenience stores and some tobacco retailers from Feb. 3.
Jan.29 by 2FIRSTS.ai
Japan Tax Reform Threatens JTI Heated Tobacco Growth in 2026
Japan Tax Reform Threatens JTI Heated Tobacco Growth in 2026
Japan’s plan to remove the lower tax rate for heated tobacco products could slow growth in the country’s largest HTP market, JTI’s CFO said. Retail prices may rise by 70 to 100 yen, though the company plans phased increases to soften the impact.
JTI
Feb.15
Ireland Vape Retailers’ Group RVI Calls for Tax Stamps to Strengthen Enforcement of Vape Products Tax
Ireland Vape Retailers’ Group RVI Calls for Tax Stamps to Strengthen Enforcement of Vape Products Tax
Responsible Vaping Ireland (RVI), an Irish vape retailers’ group, has released a policy paper urging Ireland to swiftly introduce Revenue-issued tax stamps on vaping products to strengthen enforcement of the E-Liquid Products Tax (EPT) and to tackle tax evasion and the illicit market. Provisional Department of Finance figures show €1.3 million collected in November and December 2025; at that pace, annualised receipts would be €7.8 million, below the government’s projected €17 million.
Feb.26 by 2FIRSTS.ai
South Korea to regulate synthetic-nicotine e-liquids as tobacco from April 24
South Korea to regulate synthetic-nicotine e-liquids as tobacco from April 24
South Korea’s Health Ministry says amendments to the Tobacco Business Act will take effect on April 24, bringing synthetic-nicotine e-liquid vapes under the legal definition of tobacco. The shift extends cigarette-style rules to these products, including mandatory graphic warnings, sharply limited advertising channels, stricter vending-machine placement requirements, and a ban on use in smoke-free areas, with enforcement checks slated from late April.
Feb.03 by 2FIRSTS.ai
Canadians visiting Mexico warned of stricter penalties for bringing e-cigarettes or vaping devices
Canadians visiting Mexico warned of stricter penalties for bringing e-cigarettes or vaping devices
Canadians traveling to Mexico should avoid packing e-cigarettes or vaping devices, citing Canada’s travel advisory warning that tourists have been banned from bringing such items into Mexico since 2025. The advisory says customs officials could confiscate the items upon arrival and travelers could be fined or detained.
Feb.09 by 2FIRSTS.ai