Philippine Supreme Court Grants FDA Authority Over 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.