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 to have Graphic Health Warnings that effectively warn of the effects of tobacco use, to remove misleading descriptors that suggest a tobacco product is less harmful, and to promote the right to health and information of the people.
'Graphic Health Warnings' are photographic images printed on tobacco product packages depicting hazards of tobacco use accompanied by a related textual warning.
The law applies only to tobacco products that are locally manufactured or imported and introduced into the Philippine market.
Graphic Health Warnings must cover 50% of the principal display surfaces, occupying 50% of the front and 50% of the back panels, and be located at the lower portions of these panels.
No, the law prohibits the use of numbers or descriptors like 'low tar,' 'light,' 'ultra-light,' or similar terms that mislead consumers into thinking a product is healthier or less harmful.
Manufacturers, importers, distributors, and their agents or representatives are directly liable. In business entities, responsible officials like the chairman, president, or managers are accountable. Retailers and sellers are also liable for specific violations.
Penalties include fines of up to 500,000 pesos for the first offense, 1,000,000 pesos for the second, and 2,000,000 pesos or imprisonment of up to five years, or both, for the third offense. Business permits may be revoked, and foreign nationals may be deported.
Retailers face fines starting at 10,000 pesos for the first offense, 50,000 pesos for the second, and up to 100,000 pesos or one year imprisonment or both for the third offense. Business permits may be revoked.
The DOH is tasked to issue templates for Graphic Health Warnings and guidelines, considering NGO recommendations, and periodically update the templates every two years.
The BIR must ensure cigarette stamps are not affixed on noncompliant packages and certify under oath that the products are compliant.
No, it is prohibited to obscure or cover the Graphic Health Warnings either in part or in whole in the selling areas.
Manufacturers and importers have one year after the DOH issues the templates to comply. Eight months after this compliance date, noncompliant products must be removed from displays and sale.
Noncompliant packages shall be removed and/or confiscated, and each instance constitutes an offense with additional daily penalties if violations continue after notification.
The Department of Health, Bureau of Internal Revenue, Inter-Agency Committee on Tobacco (IAC-T), Department of Trade and Industry, and Department of Education have specific roles in enforcement, monitoring and education.