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 International to Boost Investment in the Philippines, Aiming to Make It a Smoke-Free Products Export Hub
Philip Morris International to Boost Investment in the Philippines, Aiming to Make It a Smoke-Free Products Export Hub
PMI to make the Philippines a smoke-free export hub, citing strong regulation; upgrading local plants, expanding affordable supply; $14bn invested globally.
Oct.11 by 2FIRSTS.ai
Illegal Vape Sellers in the Netherlands Could Be Fined Up to €4,040
Illegal Vape Sellers in the Netherlands Could Be Fined Up to €4,040
The outgoing Dutch government plans to raise fines for illegal sales of vapes and cigarettes, with first-time offenders facing a €2,040 penalty. The new fines, up to €4,040 for large companies, are expected to take effect on July 1, 2026, pending parliamentary approval.
Nov.10 by 2FIRSTS.ai
AG Miyares Argues Vape Ban Consistent with Federal Law, Seeks Dismissal
AG Miyares Argues Vape Ban Consistent with Federal Law, Seeks Dismissal
Virginia Attorney General Jason Miyares and Tax Commissioner James J. Alex have asked a federal court to dismiss a lawsuit challenging the state’s ban on flavored e-cigarettes. They argue plaintiffs lack standing because the products are already illegal under federal law. The state denies claims of federal preemption and asserts sovereign immunity, maintaining that its ban aligns with its authority to protect public health.
Nov.24 by 2FIRSTS.ai
Bangladesh High Court Questions Legality of BEZA’s Approval for Philip Morris Nicotine Pouch Factory
Bangladesh High Court Questions Legality of BEZA’s Approval for Philip Morris Nicotine Pouch Factory
The High Court in Bangladesh has asked government bodies to explain why the approval granted to Philip Morris to establish a nicotine pouch factory should not be deemed illegal. Petitioners argue the decision contradicts existing policies and a 2016 Appellate Division ruling that restricts new tobacco-related enterprises. Authorities have ten days to respond.
Nov.20 by 2FIRSTS.ai
Kenya Court of Appeal Halts BBC Defamation Case Linked to BAT Bribery Documentary
Kenya Court of Appeal Halts BBC Defamation Case Linked to BAT Bribery Documentary
Kenya’s Court of Appeal has paused the defamation proceedings filed by National Assembly Speaker Moses Wetang’ula against the BBC. The case centers on a 2015 BBC documentary, Panorama: The Secret Bribes of Big Tobacco, which alleged that Wetang’ula received unlawful benefits from British American Tobacco (BAT) during his tenure as a senator.
Dec.02 by 2FIRSTS.ai
Opinion | Samrat Chowdhery: Tobacco Price Elasticity—A Convenient Myth?
Opinion | Samrat Chowdhery: Tobacco Price Elasticity—A Convenient Myth?
This opinion piece, submitted by Samrat Chowdhery to 2Firsts, challenges the logic of tobacco price elasticity. It argues that high taxes often harm vulnerable populations and fuel illicit markets rather than reducing smoking.
Oct.21