Declaration of Principles
- The State is mandated to protect and promote the right to health and health consciousness.
- Consumers must be protected from trade malpractices and substandard tobacco products.
- As a WHO FCTC State-Party, the Philippines must inform on health consequences of tobacco use and exposure.
- The State must enact measures to curb tobacco use, especially among youth, and shield policies from tobacco industry interests.
- Article 11 of the FCTC obligates adoption of effective health warnings by 2008.
- Empirical evidence shows text warnings are insufficient; graphic warnings are more effective.
Purposes
- To implement Graphic Health Warnings that effectively communicate tobacco harms.
- To remove misleading descriptors suggesting certain tobacco products are safer.
- To enhance the people's right to health and information.
Definition of Terms
- Insert: Communication inside individual packages.
- Onsert: Communication affixed outside packages.
- Graphic Health Warnings: Photographic images with related textual warnings showing tobacco hazards.
- Principal Display Surface: Largest visible surfaces of tobacco packaging, varying by package design.
- Tobacco Product Package: All forms of tobacco packaging including cartons and mastercases with specified health warning requirements.
- Tobacco Products: Products made wholly or partly from tobacco for various consumption methods.
Coverage
- Applies to tobacco products manufactured or imported for the Philippine market.
- Cigarettes intended for export require specific markings only on one side panel each of mastercases and packs.
Graphic Health Warnings Requirements
- Compliance required one year post issuance of DOH templates.
- Full-color graphic warnings must cover 50% of front and back principal display surfaces.
- Warnings placed on lower portions, must not be obscured or distorted.
- Printing must use CMYK colors at 300 dpi, without borders diminishing warning size.
- Up to twelve templates rotated every 24 months to ensure message variety and equal frequency.
- Text warning must be understandable, occupy max 20% of warning area, in Filipino front panel and English back panel.
Side Panel Requirements
- One side panel of packages must bear additional health information like warnings, hotlines, or cessation tips.
- Additional information limited to 30% of one side panel.
Prohibition on Descriptors
- Tobacco packages cannot bear misleading terms like "low tar," "light," "ultra light," or similar implying reduced harm.
Costs
- Tobacco manufacturers and importers shall bear all printing costs.
Prohibition on Sales
- No sale or distribution of tobacco products without compliance to labeling and packaging requirements.
- Noncompliant products must be removed from display 8 months after the warning requirement takes effect.
Prohibition on Obstruction of Display
- No obscuring or covering of graphic health warnings in selling areas; warnings must be prominently displayed.
Liability of Manufacturers, Importers, and Distributors
- Direct liability for violations; corporate officers held accountable if involved.
- Agents and representatives also jointly liable.
Liability of Retailers and Sellers
- Direct liability for violations of display and sales prohibitions.
- Corporate and business owners held accountable.
Penalties for Noncompliance
- Manufacturers/Importers/Distributors:
- 1st offense: fine up to ₱500,000
- 2nd offense: fine up to ₱1,000,000
- 3rd offense: fine up to ₱2,000,000 or up to 5 years imprisonment or both; business permits may be revoked; foreign offenders deported and barred
- Additional ₱100,000 daily fine if violation continues after official notice
- Retailers/Sellers:
- 1st offense: fine up to ₱10,000
- 2nd offense: fine up to ₱50,000
- 3rd offense: fine up to ₱100,000 or imprisonment up to 1 year or both; business permits revoked
- Additional ₱5,000 daily fine for continuing violations
- Fines consider business size or assets.
Graphic Health Warnings Templates and Timeline
- DOH to issue up to 12 graphic warning templates within 30 days of the Act’s effectivity.
- Templates valid for two years, rotated biannually.
- Manufacturers have 1 year post-template issuance to comply.
- New templates issued annually after the first year.
- No sale of noncompliant products allowed 8 months after template validity starts.
Implementing Agencies and Their Functions
- DOH: Issue graphic health warning templates and guidelines.
- BIR: Ensure tax stamps are not applied to noncompliant packages and certify compliance.
- Inter-Agency Committee on Tobacco (IAC-T): Monitor compliance and initiate actions on violations.
- DTI: Hear complaints, impose administrative fines, with fines funding health campaigns.
- DepED: Use templates to educate students and integrate tobacco harm in K-12 curriculum.
- An IRR Committee including various departments will draft implementing rules within 6 months.
Congressional Oversight Committee
- Established to monitor and review implementation, co-chaired by Senate and House Health committees.
Strict Compliance and Inspections
- No extensions on compliance deadlines are allowed.
Separability Clause
- Invalidity of any provision does not affect the rest of the Act.
Repealing Clause
- Repeals inconsistent laws, specifically parts of RA 9211 and administrative issuances.
Compliance with International Conventions
- The Act does not alter obligations under existing international treaties.
Effectivity
- Effective 15 days after publication in official gazette or major newspaper.