QuestionsQuestions (Republic Act No. 9211)
RA 9211 is the “Tobacco Regulation Act of 2003.” Its policy is to protect the populace from hazardous products, promote the right to health, regulate the use, sale, and advertisements of tobacco to protect citizens from tobacco smoke hazards, while safeguarding the interests of tobacco farmers, growers, workers, and stakeholders.
RA 9211 aims to: promote a healthful environment; inform the public of health risks of cigarette smoking/tobacco use; regulate and subsequently ban tobacco advertisements and sponsorships; regulate labeling; protect the youth by prohibiting sale to minors; assist Filipino tobacco farmers to cultivate alternative crops; and create the Inter-Agency Committee on Tobacco (IAC-Tobacco) to oversee implementation.
A “Minor” is any person below eighteen (18) years old. The law prohibits sale, distribution, purchase, and smoking of tobacco products by those below 18.
Smoking is absolutely prohibited in: youth activity centers for persons under 18; elevators and stairwells; areas with fire hazards (e.g., gas stations and flammable storage areas); hospitals/medical/optical/health centers and related facilities; public conveyances and public facilities (with separate smoking areas allowed); and food preparation areas.
Where smoking may expose others to tobacco smoke in enclosed public places and other workplaces not covered by the absolute ban, the owner/proprietor/operator/manager must establish smoking and non-smoking areas, not in the same room. Both areas must have legible and visible signs (“SMOKING AREA” or “NON-SMOKING AREA/NO SMOKING”) and include health warning notices for exposure.
Sale/distribution to minors through vending machines or self-service facilities is prohibited unless the vending machine has a mechanism for age verification; it is allowed only at point-of-sale establishments.
It is unlawful for retailers to sell/distribute tobacco to minors; for any person to purchase cigarettes/tobacco from a minor; for minors to sell/buy tobacco; and for minors to smoke tobacco. Importantly, it is not a defense that the seller did not know the buyer’s real age or lacked reason to believe it was for a minor.
It is prohibited within one hundred (100) meters from any point of the perimeter of a school, public playground, or other facility frequented particularly by minors.
They must post in a clear and conspicuous manner: either “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.”
Retailers must verify using any valid form of photographic identification containing the buyer’s date of birth to confirm that the buyer is not below 18.
Allowed warnings include: (1) “GOVERNMENT WARNING: Cigarette Smoking is Dangerous to Your Health;” (2) “GOVERNMENT WARNING: Cigarettes are Addictive;” (3) “GOVERNMENT WARNING: Tobacco Smoke Can Harm Your Children;” and (4) “Smoking Kills.” Starting 1 Jan 2004, warnings appear on side panels on a rotating basis or separately/simultaneously, with specified area coverage rules. From 1 July 2006, placement moves to bottom portion of one front panel with area coverage requirements and must rotate periodically so that within any 24-month period, all four variations appear with proportionate frequency.
All consumer packages must contain on one side panel: “NO SALE TO MINORS” or “NOT FOR SALE TO MINORS,” occupying at least 10% of the side panel and appearing conspicuously with contrast.
Advertising must not target or particularly appeal to persons under 18; must not feature celebrity endorsements (express or implied); must not use cartoon characters or comically exaggerated depictions; must only depict persons appearing above 25; must not depict the actual act of using/puffing/lighting cigarettes to the public. Further, there are media-specific rules: print placement limits based on readership composition; outdoor advertising limits (including distance from schools and size restrictions); cinema prohibition when minors can be admitted; TV/radio time restrictions; limits on electronic/video/audio media; and internet restrictions requiring age-restricted access.
Beginning 1 Jan 2007: all tobacco advertising on television/cable television/radio is prohibited. Beginning 1 July 2007: all cinema and outdoor advertising is prohibited, with outdoor postings generally allowed only inside point-of-sale premises. Beginning 1 July 2008: all forms of tobacco advertising in mass media are prohibited except tobacco advertisements placed inside point-of-sale retail establishments.
Promotions must be directed only to persons 18+ with proof of age required; no minors (or those appearing under 18) may participate. Promotional displays must be limited to point-of-sale locations or adult-only facilities; promotional communications must include warnings; and certain brand/merchandise uses (e.g., on items marketed to or likely used by minors) are prohibited. Sponsorship restrictions begin 1 July 2006 with limitations unless specified conditions are met (e.g., mostly 18+ attendance and compliance with exposure rules). A broader ban on sponsorship for events and individuals/teams applies beginning 1 July 2008 where sponsorship would involve cigarette/tobacco brand promotion or identification.
(a) Section 5–6 violations: first offense fine Php500–1,000; second offense Php1,000–5,000; third offense plus revocation/cancellation of business permits/licenses. (b) Sections 7–11 violations: first offense fine not less than Php5,000 or imprisonment not less than 5,000 pesos (as stated) up to 30 days (court discretion); succeeding offenses include revocation/cancellation. If establishment is involved, owner/president/manager/senior officers are liable; if minor is caught, Article 189 of PD 603 (Child and Youth Welfare Code) applies. (c) Sections 13–27 violations: escalating fines and possible imprisonment, and possible revocation/cancellation for third offense; business owners/officers may be liable; if the offender is an alien, summary deportation and permanent bar from re-entry may apply.