Tobacco Regulation Rules and Regulations 2004

Applies to all tobacco products in commerce in the Philippines, whether locally made or imported.

Defines critical terms such as "Advertisement," "Advertiser," "Celebrity," "Cigarette," "Distributor," "Enclosed Area," "Mass Media," "Minor," "Manufacturer," "Package," "Point-of-Sale," "Smoking," "Tobacco Product," among others.
Includes detailed distinctions, e.g., "Enclosed area" requires physical separation by walls and ceiling.
Clarifies roles and entities such as manufacturers, retailers, distributors, and relevant locations.

Smoking banned in specified public places including schools, elevators, hospitals, public conveyances, and food preparation areas.
Exceptions for designated smoking areas on inter-island vessels if meeting ventilation and physical separation standards.
Enclosed designated smoking areas must comply with National Building Code and related engineering standards.
Required signage for smoking and non-smoking areas, with health warnings and prohibition of tobacco company branding.

Sale or distribution via vending machines or self-service prohibited unless equipped for age verification.
Retailers must remove non-compliant tobacco displays.
Point-of-sale must display legal notices prohibiting sale or distribution of tobacco products to minors.
Absolute ban on sale/distribution of tobacco products to persons under 18 years old.
No tobacco sales within 100 meters of youth-centered facilities such as schools and playgrounds.
Establishments must verify age with valid identification.

Mandatory government health warnings on all tobacco product packages beginning January 1, 2004.
Warning to occupy specified portions of packaging, initially on side panel then transitioning to front panel by July 2006.
Four rotating health warnings concerning the dangers of smoking and tobacco's harmful effects.
Manufacturers and importers must submit health warning plans to regulatory bodies.
Restrictions on additional printed warnings; use of Helvetica or Arial fonts required.

Tobacco advertising must include health warnings prominently displayed or voiced, depending on medium.
Print and outdoor ads require warnings occupying 15% of ad size.
TV, cinema, and radio ads must include legible and audible warnings during final part of advertisement.
Prohibitions on celebrity endorsements, cartoon characters, and underage depictions.
Ads must not portray actual tobacco use.

Print ads allowed only in publications with predominantly adult readership.
Ads prohibited on front and back covers of general circulation publications.
Outdoor ads restricted within 100 meters of youth facilities and limited in size.
Banned on public conveyances and their stations.
Tobacco ads banned in cinemas admitting minors.
Broadcast ads restricted to hours between 7 PM and 7 AM.
Electronic media (video/computer games) restricted to adult access.
Internet tobacco advertising limited to age-restricted sites; business-to-business allowed.

Complete ban on tobacco advertising on TV, cable, and radio beginning January 1, 2007.
Ban on cinema and outdoor tobacco advertising starting July 1, 2007.
Total ban on mass media tobacco advertising from July 1, 2008, except inside point-of-sale establishments.

Promotions only for individuals 18 years or older with proof of age required.
Tobacco promotions must comply with advertising rules and carry health warnings.
Promotion stalls restricted to point-of-sale or adult-only venues.
Telemarketing for promotions must include recorded health warnings.
Tobacco branding prohibited as props in TV, films, video games.
Licensed tobacco-branded items limited to smoking-related paraphernalia; branded accessories worn by minors prohibited.

Prohibits tobacco manufacturers from acquiring naming rights for sports leagues, teams, or stadiums using tobacco brand names.
Prohibits sponsorships that bear tobacco brand names, especially those appealing to persons under 18 years.
Sponsorships allowed only where majority attendees are adults and no media exposure that violates marketing rules.
Persons bearing tobacco advertisements at sponsored events must be adults.
Absolute ban on sponsorships requiring tobacco advertising effective July 1, 2008, except attribution of tobacco company name only.

Distribution of tobacco product samples to minors strictly prohibited.
Prohibition extends to manufacturers, distributors, retailers, and their agents.

Non-Act-related tobacco legal issues governed by Civil Code and other laws.
Violations of the Act and implementing rules are subject to specified penalties.

First offense fines ranging from Php500 to Php100,000 depending on the violation.
Imprisonment up to 3 years and fines possible for serious violations.
Revocation or cancellation of business permits/licenses upon repeated offenses.
Liability extends to business owners and officers; foreign offenders subject to deportation after serving sentences.

Criminal proceedings may be initiated for violations.
City and municipal officials, including police, authorized to enforce bans, initiate criminal actions, and remove non-compliant tobacco advertising and facilities.

Bureau of Trade Regulation and Consumer Protection of the Department of Trade and Industry serves as Secretariat of the Inter-Agency Committee on Tobacco (IAC-Tobacco).
Secretariat duties include processing reports, formulating compliance requirements, and providing administrative support.

Manufacturer compliance with packaging warnings permitted substantial compliance until April 30, 2004, with strict compliance thereafter.
Non-compliant outdoor ads on pre-existing lease contracts allowed to lapse but to be removed by April 16, 2004.
Repeal of inconsistent prior orders or rules.
Separability clause protects unaffected provisions if parts are invalidated.
Rules take effect 15 days after publication in national newspapers.