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

BAT Korea Launches Year-End Promotion for “glo hyper” as Demand for Odorless Heated Tobacco Rises
BAT Korea Launches Year-End Promotion for “glo hyper” as Demand for Odorless Heated Tobacco Rises
BAT Rothmans has announced a year-end promotion for its “glo hyper” heated tobacco series in response to growing consumer demand for odorless devices during the cold season. As indoor activity rises, more smokers are shifting to heated tobacco products that produce less smell and ash. Government data show HNB sales grew 8.3% last year, accounting for 18.4% of the tobacco market.
Nov.12 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
ACT Government Bill Targets Illicit Tobacco and Vapes with Tougher Powers
ACT Government Bill Targets Illicit Tobacco and Vapes with Tougher Powers
ACT Government Health Minister Rachel Stephen-Smith introduced the Tobacco and Other Smoking Products Amendment Bill 2025, expanding authorised officers’ inspection, seizure and penalty powers to address illicit tobacco and vaping. The Bill enables $1,600 infringement notices for selling prohibited smoking products and classifies illicit tobacco as a prohibited smoking product under Territory law.
Oct.23 by 2FIRSTS.ai
SKE’s Parent Company Yinghe Technology Reports 80% Drop in Q3 Net Profit, Revenue Up 22.85% Year-on-Year
SKE’s Parent Company Yinghe Technology Reports 80% Drop in Q3 Net Profit, Revenue Up 22.85% Year-on-Year
Yinghe Technology (SZ: 300457), parent company of SKE, saw Q3 net profit plunge 80.3% to 31.06 million yuan, while revenue rose 22.85% to 2.52 billion yuan. The decline was mainly driven by higher costs and expenses.
Oct.28 by 2FIRSTS.ai
Japan Tobacco Expands Ploom Aura EVO Menthol Line With Two New Products and One Upgraded Blend
Japan Tobacco Expands Ploom Aura EVO Menthol Line With Two New Products and One Upgraded Blend
Japan Tobacco Inc. (JT) has added two new EVO sticks, Evo Black Menthol and Evo Fresh Mint, to its Ploom Aura lineup and reformulated Evo Cold Menthol, creating a menthol range with three distinct levels of cooling intensity and flavor profile.
Dec.01 by 2FIRSTS.ai
EU to Abstain from WHO Tobacco Treaty Vote Amid Deep Internal Split
EU to Abstain from WHO Tobacco Treaty Vote Amid Deep Internal Split
The European Union will abstain from voting at the upcoming 11th session of the WHO Framework Convention on Tobacco Control (COP11) in Geneva, following months of internal disagreement over how to regulate tobacco and nicotine products. The decision marks a rare and public fracture in EU health policy, reportedly driven by the European Commission’s hardline anti-tobacco stance.
Nov.18 by 2FIRSTS.ai