Question & AnswerQ&A (Republic Act No. 10643)
The short title of Republic Act No. 10643 is "The Graphic Health Warnings Law."
The main purposes are: (a) to have Graphic Health Warnings that effectively warn of the devastating effects of tobacco use and exposure to secondhand smoke; (b) to remove misleading descriptors that imply certain tobacco products are less harmful; and (c) to promote the right to health and information of the people.
Graphic Health Warnings refer to photographic images printed on tobacco product packages that accurately depict the hazards of tobacco use and are accompanied by related textual warnings.
An 'insert' is any communication inside an individual tobacco product package such as leaflets or brochures. An 'onsert' is any communication affixed to the outside of a tobacco product package or carton, such as a brochure glued to the outside of the cigarette package.
The law applies to tobacco products locally manufactured or imported and introduced in the Philippine market. Cigarettes intended or offered for export have specific labeling requirements related to markings but are otherwise excluded.
Graphic Health Warnings must be printed on fifty percent (50%) of the principal display surfaces of any tobacco package—occupying fifty percent (50%) of the front and fifty percent (50%) of the back panel.
No. One year after the issuance of templates by the DOH, such numbers or descriptors implying a product is healthier, safer, or less harmful are prohibited on tobacco packages.
All printing costs related to packaging and labeling are to be shouldered by tobacco manufacturers and/or importers.
Penalties include fines of up to P500,000 for the first offense, P1,000,000 for the second offense, and up to P2,000,000 or imprisonment for up to five years or both for the third offense, with revocation or cancellation of business permits and licenses. Foreign nationals found guilty may be deported and barred from re-entering the Philippines.
The DOH is responsible for issuing templates of Graphic Health Warnings, additional information to be displayed on tobacco package side panels, and guidelines on design and content. The DOH also works with other agencies for overall implementation and monitoring.
The Inter-Agency Committee on Tobacco (IAC-T) monitors compliance and can act motu proprio or upon complaint to initiate enforcement actions.
It refers to the two (2) largest surfaces of the package or carton that are typically displayed or visible under normal conditions, or a defined percentage of the total surface area for packages without predominant sides, ensuring visibility of warnings.
Retailers and sellers must ensure tobacco products they sell or display comply with labeling and Graphic Health Warning requirements. They are liable for violations and face fines and penalties for noncompliance.
DTI may impose administrative fines of up to Two million pesos (P2,000,000) for violations, which are used for health promotion campaigns by the DOH and DepED after notice and hearing.
Additional health warnings, hotlines, websites for tobacco-related concerns, or tips on how to stop smoking. This information should be clearly legible and not occupy more than 30% of the side panel's display surface.