Question & AnswerQ&A (Republic Act No. 9211)
The short title of Republic Act No. 9211 is the Tobacco Regulation Act of 2003.
The main policy objective is to protect the populace from hazardous tobacco products, promote the right to health, instill health consciousness, and balance the interests of tobacco stakeholders including farmers and workers.
Advertisement refers to any visual and/or audible message disseminated to the public about tobacco products that promote and give publicity by words, designs, images, or other means through any form of mass media including outdoor advertisements.
A Minor is any person below eighteen (18) years old.
Smoking is absolutely prohibited in centers of youth activity, elevators, fire hazard locations, hospital buildings and premises, public conveyances and facilities, and food preparation areas.
Owners or administrators must establish separate smoking and non-smoking areas with proper ventilation and display visible signs indicating "SMOKING AREA" or "NON-SMOKING AREA" along with health warnings.
It is unlawful for any retailer to sell or distribute tobacco products to minors, and for minors to buy, sell, or smoke tobacco products, with no defense based on ignorance of age.
Packages must have rotating or simultaneous warnings including: "GOVERNMENT WARNING: Cigarette Smoking is Dangerous to Your Health," "Cigarettes are Addictive," "Tobacco Smoke Can Harm Your Children," and "Smoking Kills." These warnings must cover specified portions of the packaging.
Advertisements must contain health warnings, cannot target persons under 18, cannot feature celebrities or cartoons, cannot show actual use of tobacco, and are subject to size and placement limitations.
First offense: Fine up to Php100,000 or imprisonment up to 1 year, or both. Second offense: Fine up to Php200,000 or imprisonment up to 2 years, or both. Third offense: Fine up to Php400,000 or imprisonment up to 3 years, or both, plus revocation or cancellation of business licenses in case of establishments.