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

Exclusive | China Releases E-Cigarette Regulatory “Status Report”, First Comprehensive Disclosure of Oversight Framework and International Cooperation
Exclusive | China Releases E-Cigarette Regulatory “Status Report”, First Comprehensive Disclosure of Oversight Framework and International Cooperation
As 2025 draws to a close, China’s State Tobacco Monopoly Administration has released a white paper–style “Status Report” on e-cigarette regulation, systematically outlining its oversight framework, enforcement outcomes and international cooperation. 2Firsts provides exclusive in-depth reporting and analysis, offering insight into China’s regulatory logic and governance direction.
Dec.29 by 2Firsts Perspectives
Spain’s Competition Authority Questions Disposable Vape Ban
Spain’s Competition Authority Questions Disposable Vape Ban
Spain’s National Commission on Markets and Competition (CNMC) has issued an opinion on the draft reform of the Tobacco Law proposed by the Ministry of Health, urging reconsideration of several measures. These include a proposed ban on disposable e-cigarettes and the full alignment of vaping products with traditional tobacco regulation.
Dec.17 by 2FIRSTS.ai
Product | NEXA FLEX Releases “Built in the USA” Version, Says All Flavors Are Tailored for Adult U.S. Users
Product | NEXA FLEX Releases “Built in the USA” Version, Says All Flavors Are Tailored for Adult U.S. Users
NEXA has introduced a disposable e-cigarette, NEXA FLEX, which is promoted as “Built in the USA,” highlighting domestic production and flavors developed for adult U.S. vaping consumers. The device retains features such as a transparent e-liquid chamber, Normal/Turbo dual modes, and up to 40,000 puffs, and is scheduled to launch in late November in Texas. Other brands, including SKE and FASTA, have also recently released products labeled as “Made in the USA” or “U.S.-assembled.”
Nov.20 by 2FIRSTS.ai
Australian Border Force Blocks Massive Vape Shipment Following China Intelligence
Australian Border Force Blocks Massive Vape Shipment Following China Intelligence
Australia has seized more than 600,000 illicit vapes in two months, following coordinated intelligence with overseas partners. The Australian Border Force (ABF) warns that illegal vaping products now form a multibillion-dollar black market dominated by organised crime syndicates.
Nov.21 by 2FIRSTS.ai
JTI Plans New Factory in Romania, Set for Completion in 2027
JTI Plans New Factory in Romania, Set for Completion in 2027
JTI has announced plans to build a new factory in Ștefăneștii de Jos to replace its current Bucharest site, which faces space constraints. The project is expected to be completed in 2027, with ground works starting soon. The company highlighted ongoing efforts to expand capacity and modernize its Romanian operations.
Nov.28
Japan Tobacco International Malaysia Appoints Didier Ellena as Managing Director; Predecessor Reassigned to North Asia Role
Japan Tobacco International Malaysia Appoints Didier Ellena as Managing Director; Predecessor Reassigned to North Asia Role
Japan Tobacco International (JTI) Malaysia has appointed Didier Ellena as managing director, effective Jan 5. Ellena has spent more than 30 years with JTI and has held leadership roles across multiple countries and regions. His predecessor, Juliana Mohd Yahaya, will become vice president of sales and marketing for JTI North Asia.
Jan.15 by 2FIRSTS.ai