Question & AnswerQ&A (BFAD BUREAU CIRCULAR NO. 2007-002)
The legal basis is Article II, Section 15 of the 1987 Constitution of the Philippines which mandates the protection and promotion of the right to health of the people and the instilling of health consciousness among them.
Republic Act No. 7394 or the Consumer Act of the Philippines enforces compulsory labeling and fair packaging to enable consumers to obtain accurate information about the nature, quality, and quantity of consumer products.
Under Section 15 (2), Chapter 4, Title IX, Book IV of the Administrative Code of 1987, BFAD is authorized to act as the policy formulation and sector monitoring arm of the Secretary of Health on matters related to food, drugs, traditional medicines, cosmetics, and household products containing hazardous substances, including formulating rules and regulations for their proper enforcement.
The BFAD has adopted the Codex Alimentarius Commission Guidelines for Use of Nutrition and Health Claims (CAC/GL 23-1997, Rev. 1-2004) for evaluating nutrition and health claims in food labeling and advertisements.
Harmonizing national food standards with Codex Alimentarius, as required under Philippine accession to GATT-WTO and other trade agreements, is significant to ensure consumer health protection, regulatory compliance, and facilitate international trade.
BFAD is responsible for prescribing general standards and guidelines to ensure the veracity of nutritional and medicinal health claims in advertisements and for monitoring such advertisements across various media.
The Bureau Circular No. 2007-002 adopting the guidelines took effect immediately upon its adoption on January 23, 2007.
Executive Order No. 175, series of 1987, amended Republic Act No. 3720, empowering BFAD to formulate rules and regulations for proper enforcement.
These guidelines supplement existing national laws on labeling and advertising consumer products, such that they are used insofar as they are consistent with existing laws and regulations.
Section 12, Article XIII of the 1987 Constitution mandates the establishment and maintenance of an effective food and drug regulatory system responsive to the country's health needs and problems.