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

Bloomberg-Backed Campaign Wins as Denver Votes to Ban Flavored Nicotine
Bloomberg-Backed Campaign Wins as Denver Votes to Ban Flavored Nicotine
Denver voters have upheld the city’s ban on flavored nicotine products—including fruity vapes and menthol cigarettes—with 72% in favor during the Nov. 4 election. The “Yes on 310” campaign, backed by $5 million from Michael Bloomberg, celebrated the result as a major victory for youth health. Opponents, mostly local vape shop owners, warned of economic harm and called the spending imbalance unfair.
Nov.05 by 2FIRSTS.ai
2Firsts Observation | U.S. E-cigarette Regulation Enters Normalized Phase as Federal and State Authorities Tighten Compliance Frameworks
2Firsts Observation | U.S. E-cigarette Regulation Enters Normalized Phase as Federal and State Authorities Tighten Compliance Frameworks
In just two months, U.S. authorities seized over 7 million illegal e-cigarettes. 2Firsts’ analysis reveals a shift toward institutionalized regulation, with federal and state agencies intensifying enforcement — signaling a major reset in the world’s largest and most influential vaping market.
Oct.28
France proposes tax on e-liquid in latest budget plan: 30 to 50 euro cents per 10 ml bottle
France proposes tax on e-liquid in latest budget plan: 30 to 50 euro cents per 10 ml bottle
France to introduce tax on e-cigarette liquid in new budget proposal, with rates ranging from 30 to 50 euro cents per 10ml.
Oct.15 by 2FIRSTS.ai
South Korea to ban vape vending machines near schools from February 15, 2026
South Korea to ban vape vending machines near schools from February 15, 2026
Starting from February 15, 2026, South Korea bans e-cigarette vending machines within 200m of schools to protect youth from nicotine products.
Oct.14 by 2FIRSTS.ai
FCTC: Global tobacco control treaties to address nicotine addiction, tobacco’s impact on the environment and illicit tobacco trade
FCTC: Global tobacco control treaties to address nicotine addiction, tobacco’s impact on the environment and illicit tobacco trade
More than 1,400 delegates will gather in Geneva as two major global tobacco control treaties convene to address rising nicotine addiction, environmental harms, and illicit tobacco trade—key discussions that could shape the future of global tobacco control policy.
Nov.14
Samsung's battery explosion case proceeds as court finds manufacturer maintained “sufficient contacts” with the state
Samsung's battery explosion case proceeds as court finds manufacturer maintained “sufficient contacts” with the state
The Minnesota Court of Appeals has ruled that Samsung SDI Co., Ltd., a South Korean battery manufacturer, is subject to Minnesota jurisdiction in a product-liability case involving a vape battery explosion. The court found the company had “sufficient minimum contacts” with the state through extensive business activity.
Oct.20 by 2FIRSTS.ai