Title
Invalidation of AO 2006-0012 Provisions
Law
Doh Department Circular No. 2008-0064
Decision Date
Mar 11, 2008
The Supreme Court upholds the validity of most provisions in Administrative Order No. 2006-0012, including the prohibition of advertising breastmilk substitutes, but declares Section 4(f) null and void; alternative sanctions from Executive Order No. 51 will be followed instead of Section 46.

Law Summary

Declared Ineffective Provisions

  • Section 4(f): The prohibition on advertising, promotions, or sponsorships of infant formula, breastmilk substitutes, and other related products is void.
  • Section 11: The ban on advertising, promotions, sponsorships, or marketing materials for breastmilk substitutes intended for infants and young children up to 24 months, due to concerns of subliminal messaging undermining breastfeeding or exaggerating substitutes, is nullified.

Administrative Sanctions Under Section 46 (Now Replaced)

  • Initially, administrative sanctions were categorized based on the occurrence and gravity of violations:
    • 1st Violation: Warning.
    • 2nd Violation: Fine of P10,000 to P50,000; possible product recall.
    • 3rd Violation: Fine of P60,000 to P150,000; product recall; suspension of Certificate of Product Registration (CPR).
    • 4th Violation: Fine of P200,000 to P500,000; product recall; revocation of CPR; one-year suspension of License to Operate (LTO).
    • 5th and Subsequent Violations: Fine of P1,000,000; product recall; cancellation of CPR; revocation of LTO; blacklisting with DBM and DTI.
  • Additional penalty of P2,500 per day applies for ongoing violations after official notification.
  • Violations by all products owned by a company or its subsidiaries count as violations of the parent company.

Current Sanction Regime

  • Section 46 has been superseded by Section 13 of Executive Order No. 51 concerning sanctions.

Guidance and Enforcement

  • The circular serves as a reminder for adherence to the ruling and the updated sanction framework for violations related to infant formula and breastmilk substitute marketing.
  • The Department of Health enforces these provisions, providing guidance to companies and stakeholders regarding compliance.

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