Tobacco Regulation Rules and Regulations 2004

Coverage, persons, and key definitions

These rules apply to all types of tobacco products placed into commerce in the Philippines, whether locally manufactured or imported (Title I, Rule II, Section 1).
“Act” means Republic Act No. 9211, the Tobacco Regulation Act of 2003 (Title I, Rule III, Section 1.1).
These rules define “Advertisement” as any visual and/or audible message disseminated to the public about or on a product that promotes and gives publicity through broadcast, electronic, print, or mass media forms, including outdoor advertisements; for these rules, it means tobacco advertisement (Title I, Rule III, Section 1.2).
These rules define “Cigarette” as any roll or tubular construction containing tobacco or its derivatives intended to be burned or heated (Title I, Rule III, Section 1.6).
These rules define “Minor” as any person below eighteen (18) years old (Title I, Rule III, Section 1.12).
These rules define “IAC-Tobacco” as the Inter-Agency Committee-Tobacco (Title I, Rule III, Section 1.9).
These rules define “Tobacco Product” broadly to include loose tobacco intended for use in a cigarette and also any product containing tobacco intended for smoking or oral or nasal use; cigarette requirements apply unless otherwise stated (Title I, Rule III, Section 1.29).
These rules define “Point-Of-Sale” as any location where a person can purchase or obtain tobacco products; itinerant/ambulant vendors are not covered (Title I, Rule III, Section 1.17).

Health environment smoking bans

Smoking is absolutely prohibited in enumerated public places, including youth centers such as playschools, preparatory schools, elementary schools, high schools, colleges and universities, youth hostels, and recreational facilities for persons under eighteen (18) years old, including playgrounds (Title II, Rule 1, Section 1.1).
Smoking is absolutely prohibited in elevators and stairwells and in locations with fire hazards such as gas stations and storage areas for flammable liquids, gas, explosives, or combustible materials (Title II, Rule 1, Sections 1.2–1.3).
Smoking is absolutely prohibited in hospitals and health facilities including public and private hospitals, medical, dental, and optical clinics, health centers, nursing homes, dispensaries, and laboratories (Title II, Rule 1, Section 1.4).
Smoking is absolutely prohibited in public conveyances and public facilities (including airport and ship terminals and train and bus stations, restaurants, and conference halls) except for separate smoking areas (Title II, Rule 1, Section 1.5).
Smoking is absolutely prohibited in food preparation areas, which include areas where food or beverages are actually manufactured or prepared (Title II, Rule 1, Section 1.6).
The absolute ban on smoking in public conveyances does not apply to inter-island vessels if smoking areas are designated and those designated areas conform to the rules’ standards (Title II, Rule 1, Section 2).
Owners, proprietors, operators, possessors, managers, or administrators of enclosed public places open to the general public and other covered workplaces must establish smoking and non-smoking areas when tobacco smoke may expose others (Title II, Rule 1, Section 3).
Designated smoking and non-smoking areas must not be within the same room, and smoking areas may include proper ventilation but must be physically organized to prevent mixing with non-smoking areas (Title II, Rule 1, Section 3).
For designated smoking areas, establishments must comply with ventilation and building standards consistent with Presidential Decree No. 1096 (National Building Code) and the Philippine Society of Mechanical Engineers Code (Title II, Rule 1, Section 4.1).
Separation of designated smoking areas must be accomplished either by:
- continuous floor-to-ceiling or floor-to-floor solid partitions interrupted only by doors with door closers that remain constantly closed except during entry/exit (Title II, Rule 1, Section 4.2.1); or
- other enclosing/confined means that enable compliance with air quality standards under the building and engineering codes (Title II, Rule 1, Section 4.2.2).
Every designated smoking area must post at least one legible and visible sign saying “SMOKING AREA” in English or Filipino, placed conspicuously at the entrance, following the specifications under Schedule B, and must include a warning about direct and secondary exposure; signs must not include any mark, device, word, or image associated with any tobacco company or product (Title II, Rule 1, Section 5).
Non-smoking areas must post at least one legible and visible sign saying “NON-SMOKING AREA” or “NO SMOKING” (Title II, Rule 1, Section 5).

Age and access restrictions to tobacco

Tobacco sales or distribution by means of a vending machine or any self-service facility is prohibited unless the vending machine has a mechanism for age verification (Title III, Rule I, Section 1).
Each retailer must remove or bring into compliance any tobacco-related self-service displays or facilities, advertising, labeling, and other items in the retailer’s establishment that do not comply with the Act and these rules (Title III, Rule I, Section 2).
Point-of-sale establishments 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.”
  This required statement must be posted at point-of-sale (Title III, Rule I, Section 3).
The sale or distribution to, and purchase from, any minor of cigarettes and other tobacco products is absolutely prohibited (Title III, Rule II, Section 1).
It is unlawful for a retailer to sell or distribute to any minor; unlawful for any person to purchase from a minor; unlawful for a minor to sell or buy; and unlawful for a minor to smoke cigarettes or any tobacco products (Title III, Rule II, Section 1.1–1.4).
Lack of knowledge of a minor’s real age is not a defense for sellers, distributors, or purchasers (Title III, Rule II, Section 2).
Tobacco sales or distribution 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 (Title III, Rule II, Section 3).
When there is doubt as to the buyer’s age, retailers must verify that the buyer is at least eighteen (18) years old using valid identification paper containing both the photograph and date of birth (examples include passport, driver’s license, SSS identification card, postal identification card, and similar forms) (Title III, Rule II, Section 4).

Health warnings on packages

Starting 1 January 2004, all tobacco product packages provided to consumers, withdrawn from manufacturing, or imported for sale in the Philippines must be printed (in English or Filipino) on a rotating basis or separately and simultaneously with the following government health warnings:
- “GOVERNMENT WARNING: Cigarette Smoking is Dangerous to Your Health” ( “BABALA: Ang Paninigarilyo ay Mapanganib sa Iyong Kalusugan” );
- “GOVERNMENT WARNING: Cigarettes are Addictive” ( “BABALA: Ang Sigarilyo ay Nakaka-adik” );
- “GOVERNMENT WARNING: Tobacco Smoke Can Harm Your Children” ( “BABALA: Ang Usok ng Sigarilyo ay Mapanganib sa mga Bata” ); and
- “GOVERNMENT WARNING: Smoking Kills” ( “BABALA: Nakamamatay ang Paninigarilyo” ) (Title IV, Rule I, Section 1).
The health warning on the side panel must, until 30 June 2006, be located on one side panel and occupy not less than fifty percent (50%) of such side panel including any border or frame (Title IV, Rule I, Section 2).
Beginning 1 July 2006, the health warning must be located on the bottom portion of one (1) front panel and occupy not less than thirty percent (30%) of that front panel including any border or frame (Title IV, Rule I, Section 3).
The warning text must be in clearly legible black text on a white background with a black border, and must contrast with other package printing by layout/color; the health warning must occupy a total area of not less than fifty percent (50%) of the total warning frame (Title IV, Rule I, Section 3).
The front panel where the warning must appear is the principal display panel (Title IV, Rule I, Section 3).
Health warnings must rotate periodically (or be separately and simultaneously printed) so that within any twenty-four (24) month period, the four (4) variations appear with proportionate frequency (Title IV, Rule I, Section 4).
The rotation schedule requires, for all brands, the following starting periods and durations (and repeats starting 1 January 2006 in the same sequence and duration):
- 1 January 2004 until 30 June 2004: warning on dangerous health;
- 1 July 2004 until 31 December 2004: addictive warning;
- 1 January 2005 until 30 June 2005: harm children warning;
- 1 July 2005 until 31 December 2005: smoking kills warning (Title IV, Rule I, Section 5.1–5.4).
Within thirty (30) days from effectivity, all manufacturers and importers must submit to IAC-Tobacco through the Secretariat their Health Warning Plans stating:
- name and complete business address;
- brand names of tobacco products; and
- preferred appearance option (rotating or separately and simultaneously) (Title IV, Rule I, Section 6).
Health warnings must not be hidden or obscured by other printed information or images, must not be printed in locations where tax or fiscal stamps are likely to be applied, and must not be placed where they will be damaged when the package is opened (Title IV, Rule I, Section 7).
If a wrapper would obscure or obliterate the warning, the warning must be printed on both the wrapper and the package (Title IV, Rule I, Section 7).
Each consumer package must contain, on one side panel, a statement that tobacco products are not for minors: either “NO SALE TO MINORS” or “NOT FOR SALE TO MINORS”, occupying at least ten percent (10%) of the side panel and appearing in contrast with other side panel materials (Title IV, Rule I, Section 8).
No other printed warnings may be placed on tobacco product packages except the health warning and the message required in the rule (Title IV, Rule I, Section 9).
Only Helvetica or Arial font types may be used for the health warnings and the “not for sale to minors” message (Title IV, Rule I, Section 10).

Health warnings in advertising media

All tobacco advertising in mass media must contain, either in English or Filipino, the health warning: “GOVERNMENT WARNING: Cigarette Smoking is Dangerous to your Health” (Title IV, Rule II, Section 1).
For print and outdoor advertisements, the warning frame must be centered across the bottom of the advertisement and occupy at least fifteen percent (15%) of the advertisement including any border or frame; within that frame, the warning must occupy at least fifty percent (50%) (Title IV, Rule II, Section 2).
For print and outdoor advertisements, the warning must be clearly visible and legible, and must not be hidden or obscured by other images or information (Title IV, Rule II, Section 2).
For television and cinema advertisements, the warning must be both clearly shown and voiced over in the last five (5) seconds of the advertisement regardless of duration; the warning frame must occupy at least fifty percent (50%) of the screen (Title IV, Rule II, Section 3).
For television and cinema advertisements, the warning must be clearly visible, legible, and audible, in black text on white background or white text on black background, and no other images may be included in the warning frame (Title IV, Rule II, Section 3).
Only Helvetica or Arial may be used for the advertising warning (Title IV, Rule II, Section 4).
For radio advertisements, the warning must be clearly and audibly voiced over in the last five (5) seconds, regardless of duration (Title IV, Rule II, Section 5).

Advertising restrictions and bans

Tobacco advertising restrictions apply to all tobacco advertising, regardless of medium (Title IV, Rule III, Section 1).
Advertisements must not be aimed at or particularly appeal to persons under eighteen (18) years of age (Title IV, Rule III, Section 2).
Advertisements must not feature a celebrity or contain any endorsement, whether implied or express, by a celebrity (Title IV, Rule III, Section 3).
Advertisements must not use cartoon characters or depict humans/animals with comically exaggerated features or attribute human/un-natural characteristics to animals, plants, or objects (Title IV, Rule III, Section 4).
Advertisements must only depict persons who are or who appear to be above twenty-five (25) years of age (Title IV, Rule III, Section 5).
Advertisements must not show, portray, or depict scenes where actual use (puffing, lighting, carrying lighted cigarettes or tobacco products) is presented to the public (Title IV, Rule III, Section 6).
Print media advertising restrictions apply to publications for general circulation that are published or whose editorial offices are in the Philippines (whether printed in the Philippines or another country) (Title IV, Rule IV, Section 1).
Advertisements in a printed publication are prohibited unless there is reasonable basis to believe at least seventy-five percent (75%) of readers are eighteen (18) years of age and above, and the number of youth who read it is less than ten percent (10%) of all youth in the Philippines; the advertiser must secure a publisher certification that the publication meets these qualifications (Title IV, Rule IV, Section 2).
Advertisements must not be placed in magazines, newspapers, journals, or similar publications for general circulation on the packaging or on both the front and back outside covers (Title IV, Rule IV, Section 3).
Outdoor advertisements of tobacco products must not be placed on billboards, wall murals, or transport stops/stations within one hundred (100) meters from the perimeter of a school, public playground, or other facility frequented particularly by minors (Title IV, Rule V, Section 1).
The concerned city or municipal building official determines compliance with the restricted zone and causes disposition of non-compliant outdoor advertising as provided in the rule (Title IV, Rule V, Section 2).
Removal of non-compliant outdoor advertising requires due notice by the city or municipal building official to the owner/administrator of the building, structure, or land where it is located (Title IV, Rule V, Section 3.1).
The owner/administrator must remove (or cause removal of) the non-compliant outdoor advertisement within three (3) days from receipt of notice (Title IV, Rule V, Section 3.2).
Outdoor advertisement removed must follow the terms and conditions stipulated in the lease contract for advertising space between the owner/administrator and the advertiser/agency (Title IV, Rule V, Section 3.2).
Outdoor advertisements must not exceed seventy (70) square meters in total size individually or when combined with deliberate placement with other tobacco outdoor advertisements (Title IV, Rule V, Section 4).
The concerned city or municipal building official determines compliance with the maximum size requirement and dispositions of non-compliant outdoor advertisements follow the same procedure in the rule (Title IV, Rule V, Sections 5–5.5).
Outdoor advertisements cannot be placed on taxis, buses, trains, or other public conveyances; they also cannot be placed in stations, terminals, or platforms of public conveyances except in point-of-sale establishments (Title IV, Rule V, Section 6).
Tobacco product advertisements are prohibited in cinemas when the film allows admission of persons below eighteen (18) years old (Title IV, Rule VI, Section 1).
Tobacco product advertisements cannot be broadcast on television, cable television, and radio between 7:00 a.m. and 7:00 p.m. (Title IV, Rule VII, Section 1).
Electronic advertisements are prohibited in video/audio cassettes/discs, videogame machines, optical discs, or similar medium unless access is restricted to persons eighteen (18) years of age or older; “video game” includes electronic amusement devices using computer/microprocessor/circuitry and devices designed to interact with a television/monitor (Title IV, Rule VIII, Section 1).
Advertisements are prohibited on the Internet and other similar medium unless the site is restricted to persons eighteen (18) years of age or older, and access cannot be obtained beyond the first page unless the person has established age eligibility (Title IV, Rule IX, Section 1).
The Internet restriction does not prevent company Internet websites from providing information about the company, its products, and smoking and health-related information (Title IV, Rule IX, Section 1).
The Internet restriction does not prevent business-to-business transactions on the Internet among tobacco manufacturers, retailers, and distributors (Title IV, Rule IX, Section 1).
Beginning 1 January 2007, all tobacco advertising on television, cable television, and radio is prohibited, including sponsored segments (Title IV, Rule X, Section 1).
Beginning 1 July 2007, all cinema and outdoor advertising is prohibited; leaflets, posters, and similar outdoor advertising materials may be posted only inside point-of-sale retail premises (Title IV, Rule X, Section 2).
Beginning 1 July 2008, all forms of tobacco advertising in mass media are prohibited except tobacco advertisements placed inside point-of-sale retail establishment premises (Title IV, Rule X, Section 3).

Promotion, sponsorship, sampling limits

Promotions must be directed only to persons at least eighteen (18) years old; no person below eighteen (18) or appearing below that age may participate, and participants must provide proof of age (Title IV, Rule XI, Section 1).
Consumer communications about promotions must comply with tobacco advertising rules and must include the required health warning; the age requirement for participation must be clearly marked on program materials distributed to consumers (Title IV, Rule XI, Sections 2).
Stalls, booths, and other displays for tobacco promotions must be limited to point-of-sale locations or adult-only facilities (Title IV, Rule XI, Section 3).
Telephone communications about promotional offers, programs, or events must include a recorded health warning message in English or Filipino consistent with the warnings specified in the Act and these rules; telephone communications include voice calls, fax messages, SMS, and MMS (Title IV, Rule XI, Section 4).
Manufacturers, distributors, or retailers cannot place a tobacco product package or advertisement as a prop in any public television program or motion picture, or in any video/optical disc or video game machine, whether gratuitous or paid (Title IV, Rule XI, Section 5).
The name, logo, or other indicia of a tobacco brand may appear on cigarette lighters, ashtrays, or other smoking-related items; if the brand indicia is larger than fifty (50) square centimeters, the item must carry a health warning consistent with the Act and these rules (Title IV, Rule XI, Section 6).
Merchandise such as t-shirts, caps, sweatshirts, visors, backpacks, sunglasses, writing implements, and umbrellas cannot be distributed, sold, or offered with tobacco brand indicia visible to others when worn or used (Title IV, Rule XI, Section 7).
Clothing items may be allowed only if the tobacco brand indicia is not visible to others when worn, and clothing is in adult sizes only (Title IV, Rule XI, Section 7).
Tobacco brand indicia and brand-related marketing activity cannot appear on items marketed to or likely to be used by minors (including sports equipment, toys, dolls, miniature replicas of racing vehicles, video games, and food), and manufacturers/companies must take all available measures to prevent third parties from using their brand names/logos/proprietary materials on products directed to minors (Title IV, Rule XI, Section 8).
Tobacco advertisements, including tobacco brand names/logos/indicia, cannot be placed on shopping bags (Title IV, Rule XI, Section 9).
No manufacturer may enter into agreements for use of a tobacco brand in exchange for payment or consideration with any sports league or any team involved (Title IV, Rule XII, Section 1).
No manufacturer may enter into agreements for naming rights of a stadium or arena using a tobacco brand name or otherwise cause a stadium/arena to be named with such a brand name (Title IV, Rule XII, Section 2).
No sponsorship may be provided for events/activities bearing a tobacco brand name unless there is reasonable basis to believe all competing or active participants are eighteen (18) years old or older (Title IV, Rule XIII, Section 1.1).
No sponsorship may be provided for a team or individual bearing a tobacco product name unless all sponsored persons are eighteen (18) years old or older (Title IV, Rule XIII, Section 1.2).
No sponsorship may be provided for sponsored events/activities reasonably believed to be of particular appeal to persons under eighteen (18) years old (Title IV, Rule XIII, Section 1.3).
Tobacco brand sponsorships are prohibited unless there is reasonable basis that:
- at least seventy-five percent (75%) of attendees are at least eighteen (18);
- the event/activity will not be of particular appeal to persons under eighteen (18);
- exposure on television/radio/Internet beyond news item complies with tobacco marketing rules; and
- the principal activity associated with the sponsorship does not require above-average physical fitness for participants of the relevant age group (Title IV, Rule XIII, Section 2.1–2.4).
All persons authorized to bear tobacco advertisement/logos/brand names at sponsored events must be at least eighteen (18) years old (Title IV, Rule XIII, Section 3).
All advertising forms associated with or ancillary to sponsorship must comply with the Act and these rules (Title IV, Rule XIII, Section 4).
Beginning 1 July 2008, cigarette and tobacco companies are prohibited from sponsoring any sport, concert, cultural or art event, and also individual/team athletes/artists/performers, where sponsorship requires or involves advertisement/promotion of any cigarette or tobacco company/product/use or brand indicia (Title IV, Rule XIV, Section 1).
Attribution in sponsor rosters is allowed only for the tobacco company name, not the tobacco product brand name (Title IV, Rule XIV, Section 2).
No manufacturer may register a tobacco brand name as a company name after the passage of the Act on 23 June 2003 (Title IV, Rule XIV, Section 3).
Distribution of tobacco samples to persons below eighteen (18) years old is prohibited, and the prohibition covers distribution by manufacturers and any person acting for manufacturers including distributors, retailers, advertising agencies, or marketing research entities (Title IV, Rule XV, Sections 1–2).

Criminal enforcement and penalties

Criminal proceedings may be instituted to enforce the Act and these rules (Title VI, Rule I, Section 1).
City and municipal mayors and building officials, and members of the Philippine National Police, are authorized to take steps including instituting criminal proceedings and causing removal of non-compliant cinema and outdoor advertising and tobacco-related self-service facilities (Title VI, Rule II, Section 2).
The punishable acts include, among others, smoking in prohibited designated public places, failure to establish smoking/non-smoking areas where required, vending without age-verification mechanism, failure to remove non-compliant self-service displays, selling or distributing to or by a minor, sale within 100 meters of minors’ facilities, failure to comply with required point-of-sale signage, failure to comply with required package health warnings, failure to comply with advertising warning requirements, failure to comply with advertising restrictions and bans, failure to comply with promotion/sponsorship/naming rights restrictions, and distribution of samples to minors (Title VI, Rule I, Section 1.1–1.13).
Penalties for violations of Sections 5 and 6 of the Act are graduated by offense:
- first offense: fine not less than PHP 500.00 but not more than PHP 1,000.00;
- second offense: fine not less than PHP 1,000.00 but not more than PHP 5,000.00;
- third offense: plus a fine not less than PHP 5,000.00 but not more than PHP 10,000.00, with cancellation or revocation of business permits and licenses to operate (Title VI, Rule I, Section 2.1).
Penalties for violations of Sections 7, 8, 9, 10, and 11 of the Act include:
- for first offense, any person or business entity selling/distributing/purchasing from a minor is fined not less than PHP 5,000.00 or imprisoned not more than thirty (30) days, at the court’s discretion;
- for succeeding offenses, both penalties apply plus revocation of