Requirements for Cigarette Advertisements
- All cigarette advertisements must include the prescribed warning statement.
- For television ads, the warning must be both voiced and visually presented with equal prominence and volume as the brand name at the end of the commercial.
- The warning should appear as a running subtitle on the upper 25% of the advertisement and not be accompanied by music or background sounds.
- For radio ads, the warning must be voiced before the commercial ends.
- Print media, billboards, neon signs, and promotional items must feature the warning prominently on the upper half, with text size no smaller than 25% of the brand name or dominant image.
- Promotional items extend to merchandise such as pens, shirts, hats, and caps bearing cigarette-related messages.
- All advertisements with warnings must be submitted to a Multisectoral Screening and Monitoring Committee on Tobacco Advertisements for approval before dissemination.
Prohibition on Cigarettes and Advertisements Without Warnings
- No cigarettes lacking the required warning statement shall be allowed in the market after July 1, 2003.
- Cigarette advertisements must include the warning statement by May 1, 2003; existing ads may overlay the warning statement.
Enforcement Actions on Non-compliance
- Cigarettes without the mandated warning in the market after July 1, 2003, are subject to seizure and confiscation by authorized BFAD and Department of Health officers.
- Cigarette advertisements without the warning after May 12, 2003, will be halted by a cease and desist order issued by the BFAD Director.
- Failure to comply with the cease and desist order may result in administrative or criminal liability under Articles 95 and 164 of the Consumer Act (R.A. 7394), following due notice and hearing.
Violations and Penalties
- Violations include:
- Producing cigarettes in packages lacking the warning or with non-compliant layout, color, or typography.
- Advertising cigarettes without the warning or not complying with its presentation requirements.
- Distributing, selling, or offering for sale cigarettes without the required health warning.
- Administrative penalties per Article 164 of R.A. 7394 apply after due notice and hearing.
Adjudication of Violations
- Violations of Article 94 of R.A. 7394 or these implementing rules shall be heard by the Bureau of Food and Drugs according to the procedures established under the same law.
Effectivity and Supersession
- The order takes effect fifteen (15) days after publication in a newspaper of general circulation.
- It supersedes all inconsistent issuances but does not affect the continuing effect of Administrative Order No. 10, s. 1993, except for provisions amended herein.