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

China Discloses First Criminal Case Over Counterfeit Vapes Disguised as “Medical Nebulizers” and “Zero-Nicotine” Products
China Discloses First Criminal Case Over Counterfeit Vapes Disguised as “Medical Nebulizers” and “Zero-Nicotine” Products
Chinese authorities have disclosed the country’s first reported criminal case involving counterfeit vapes marketed as “medical nebulizers” and “zero-nicotine” products. Authorities determined that the products involved were counterfeit vapes and pursued criminal charges for producing and selling counterfeit goods. According to the report, the case resulted in the seizure of 347,000 counterfeit vape pods and 53,700 vape devices, with physical goods valued at 22.13 million yuan.
Aug.04
China’s Shanghai Tobacco Group Launches CNY 10.98 Million (Approximately US$1.53 Million) Procurement for Heated Tobacco Production Utility Equipment
China’s Shanghai Tobacco Group Launches CNY 10.98 Million (Approximately US$1.53 Million) Procurement for Heated Tobacco Production Utility Equipment
Shanghai Tobacco Group Co., Ltd., a tobacco manufacturing company under China National Tobacco Corporation (CNTC), has launched a public tender for heated tobacco products (HTPs) production utility equipment at its Shanghai Cigarette Factory. The project is valued at CNY 10.98 million and covers six combined air-conditioning units, electrical cabinets and control systems for production facilities. The procurement includes equipment design, supply, installation, commissioning and related training services.
Aug.07
French Anti-Tobacco Group Questions PMI’s IQOS “Curiosity” Campaign Over Potential Youth Appeal
French Anti-Tobacco Group Questions PMI’s IQOS “Curiosity” Campaign Over Potential Youth Appeal
According to French anti-tobacco group Générations Sans Tabac, Philip Morris International’s (PMI) IQOS “Curiosity” campaign has drawn attention from public health advocates. The group argues that the campaign uses themes including curiosity, exploration and lifestyle branding that could increase interest among younger audiences. PMI has positioned IQOS as a key part of its smoke-free product strategy, while France maintains strict restrictions on tobacco and nicotine product marketing. The debate highlights ongoing tensions between heated tobacco branding strategies and public health concerns in Europe.
Jul.24
UK Proposes Stricter Vape Packaging Rules as Retailers Warn of £330 Million Impact
UK Proposes Stricter Vape Packaging Rules as Retailers Warn of £330 Million Impact
The UK government has launched a nationwide consultation on vape packaging, appearance and retail displays, proposing tighter rules to reduce youth appeal while industry groups warn of significant compliance costs.
Innovation
Jul.20
BAT CFO Dragos Constantinescu Takes Office, Returning After Seven Years and Former Asahi Europe Leadership Role
BAT CFO Dragos Constantinescu Takes Office, Returning After Seven Years and Former Asahi Europe Leadership Role
Dragos Constantinescu has officially taken up his role as Chief Financial Officer and Executive Director at British American Tobacco (BAT). He previously spent 16 years at BAT across finance and general management roles in Europe before joining Asahi in 2019 and becoming CEO of Asahi Europe & International in 2025. His return comes as BAT continues to advance its “A Better Tomorrow” transformation.
BAT
Sep.01
Product | PMI Japan Expands ZYN by IQOS Strength Portfolio With Strong Series, Increasing Lineup to 12 Products
Product | PMI Japan Expands ZYN by IQOS Strength Portfolio With Strong Series, Increasing Lineup to 12 Products
Philip Morris Japan (PMJ) has expanded the ZYN by IQOS oral tobacco pouch portfolio in Japan with four new ZYN Strong products, adding a third intensity level alongside the existing Low and Medium ranges. The Strong series first entered selected duty-free channels in Japan on July 1, 2026, before expanding to IQOS stores, the ZYN Online Store and selected tobacco retailers from August 18. The expansion increases the Japanese ZYN by IQOS lineup from eight to 12 products.
Aug.20