QuestionsQuestions (Republic Act No. 9211)
RA 9211 is the “Tobacco Regulation Act of 2003.” Its declared policy is to protect the populace from hazardous products and promote the right to health, while regulating the use, sale, and advertisements of tobacco to protect citizens from tobacco smoke hazards and safeguard the interests of workers and stakeholders in the tobacco industry.
RA 9211 aims to: promote a healthful environment; inform the public about health risks; regulate and subsequently ban tobacco advertisements and sponsorships; regulate tobacco product labeling/warnings; protect youth by prohibiting sale to minors; assist Filipino tobacco farmers to cultivate alternative crops; and create an Inter-Agency Committee on Tobacco (IAC-Tobacco).
“Advertisement” is any visual and/or audible message disseminated to the public about or on a particular product that promotes and gives publicity through mass media. “Advertising” refers to the business of conceptualizing, presenting, making available, and communicating information about consumer products; under RA 9211, it specifically covers messages and images promoting smoking, purchasing/using tobacco, and tobacco trademarks/brands/manufacturer names. “Promotion” includes events/activities organized by or on behalf of tobacco manufacturers/distributors/retailers to promote a brand, and also includes paid placement of tobacco brands on non-tobacco products in entertainment/media.
A “Minor” is any person below eighteen (18) years old. This is crucial because RA 9211 prohibits sales/distribution of tobacco to minors, restricts advertising/promotion that may appeal to minors, and imposes enhanced compliance and penalties tied to age.
Smoking is absolutely prohibited in centers of youth activity (places for persons under 18), elevators and stairwells, locations with fire hazards (e.g., gas stations/storage areas for flammables), within hospitals/medical and similar health facilities, public conveyances and public facilities with limited exceptions for separate smoking areas, and food preparation areas.
The owner/proprietor/operator/manager must establish separate smoking and non-smoking areas where smoking may expose others to tobacco smoke. Designated smoking areas may be in a separate/ventilated area but must not be within the same room as non-smoking areas. Each area must have legible visible signage (“SMOKING AREA” / “NON-SMOKING AREA” or “NO SMOKING”), including warnings about health effects in smoking areas.
It is prohibited unless the vending machine has a mechanism for age verification. Without age verification, vending/self-service methods cannot be used to sell/distribute to minors (except at point-of-sale establishments).
Under Section 8, each retailer must remove or bring into compliance all tobacco-related self-service displays/facilities/advertising/labeling/items that do not comply with the Act. Under Section 12, if there is doubt as to the buyer’s age, retailers must verify using valid photographic identification showing the date of birth to ensure the buyer is not below 18.
It is unlawful for retailers to sell/distribute tobacco to minors, for any person to purchase from a minor, for a minor to sell/buy tobacco, and for a minor to smoke tobacco. Lack of knowledge of the minor’s age is not a defense; neither is lack of reason to believe the tobacco was for the minor.
Sale/distribution of tobacco products is prohibited within 100 meters from the perimeter of a school, public playground, or other facility frequented particularly by minors.
They must post in a clear and conspicuous manner: “SALE/DISTRIBUTION TO OR PURCHASE BY MINORS OF TOBACCO PRODUCTS IS UNLAWFUL” or “IT IS UNLAWFUL FOR TOBACCO PRODUCTS TO BE SOLD/DISTRIBUTED TO OR PURCHASED BY PERSONS UNDER 18 YEARS OF AGE.”
The Act requires rotating health warnings including: (1) Cigarette Smoking is Dangerous to Your Health; (2) Cigarettes are Addictive; (3) Tobacco Smoke Can Harm Your Children; and (4) Smoking Kills, in English or Filipino. From effectivity until 30 June 2006, the warning is on one side panel occupying at least 50% of the side panel. Beginning 1 July 2006, it must be on the bottom portion of one front panel occupying at least 30% of that front panel, with total warning area not less than 50% of the total warning frame, and with specified legibility/contrast requirements. Warnings must rotate so all four appear with proportionate frequency in a 24-month period.
Packages must also contain on one side panel the statement “NO SALE TO MINORS” or “NOT FOR SALE TO MINORS” occupying at least 10% of that side panel. No other printed warnings are allowed on cigarette packages except the health warning and the minor-sale message.
Section 14 requires tobacco advertising to include a government health warning in English or Filipino, with different placement/size rules for print/outdoor, television/cinema, and radio. Section 15 restricts advertisements so they are not aimed at or appealing to persons under 18, must not feature or endorse with celebrities, must avoid cartoons/comically exaggerated depictions, must only depict persons who are or appear to be above 25, and must not portray the act of using/light/puffing tobacco.
Broadcast restrictions include no tobacco advertising on TV/cable/Radio between 7:00 AM and 7:00 PM (Section 19). A broader “Ban on Advertisements” timeline exists in Section 22: beginning 1 Jan 2007, all tobacco advertising on TV/cable/radio is prohibited; beginning 1 July 2007, all cinema and outdoor advertising is prohibited (with limited exceptions inside point-of-sale retail premises); beginning 1 July 2008, all tobacco advertising in mass media is prohibited except inside point-of-sale premises.
Promotions must be directed only to persons at least 18; participants must provide proof of age; promotions displays must be limited to point-of-sale locations or adult-only facilities; promotional communications must include recorded health warnings for telephone offers; brands cannot be used as props in TV programs/motion pictures/video games intended for general viewing. Additionally, promotional merchandise with brand indicia is restricted, especially for items likely used by minors, and tobacco ads cannot be placed on shopping bags.
The implementing body is the Inter-Agency Committee on Tobacco (IAC-Tobacco). It is chaired by the Secretary of the Department of Trade and Industry (DTI), with the Secretary of the Department of Health (DOH) as Vice Chairperson. Members include Secretaries of DA, DOJ, DOF, DENR, DOST, DepEd; Administrator of the NTA; an industry representative nominated by recognized industry associations; and an NGO representative nominated by DOH in consultation with concerned NGOs.