Law Summary
Purposes
- To mandate Graphic Health Warnings that clearly show tobacco dangers.
- To remove misleading descriptors like "low tar" or "mild" that suggest reduced harm.
- To promote public’s right to health and information.
Definitions
- Insert: communication inside tobacco packaging (leaflets, brochures).
- Onsert: communication affixed outside tobacco packaging (brochures).
- Graphic Health Warnings: photographic images with related textual warnings on tobacco packages.
- Principal Display Surface: largest display surfaces of packaging where warnings must appear.
- Tobacco Product Package: any packaging bearing tobacco logos for sale or distribution.
- Tobacco Products: products partly or wholly made of tobacco for various forms of consumption.
Coverage
- Applies to all tobacco products locally manufactured or imported.
- Export cigarettes subject only to specific labeling regarding sales and authority.
Graphic Health Warnings Requirements
- Cigarette and tobacco packages must bear full-color Graphic Health Warnings covering 50% of principal display surfaces (front and back).
- Located at lower portions of display surfaces.
- No printing may obscure warnings or tax stamps.
- Must remain visible, intact, and legible when packages are opened.
- Printed in four-color CMYK with high resolution.
- No borders or frames that reduce warning size.
- Rotate up to 12 warning templates every 24 months for variety.
- Warnings to include clear, understandable textual messages in Filipino (front) and English (back).
Side Panel Requirements
- One side panel must contain additional health information (warnings, hotlines, cessation tips).
- Additional health info limited to 30% of side panel area.
Prohibition of Misleading Descriptors
- No numbers or terms implying reduced harm ("low tar," "ultra light," etc.) may appear on tobacco packaging one year after template issuance.
Financial Responsibility
- Tobacco manufacturers and importers bear all costs for printing and labeling.
Sales and Display Prohibitions
- No sale, commercial distribution, or display of tobacco products lacking compliant labeling and packaging.
- Removal of non-compliant products mandatory within 8 months of required Graphic Health Warnings.
- Obscuring or covering health warnings in selling areas prohibited.
Liability
- Manufacturers, importers, distributors, and their agents directly liable for violations.
- Corporate officers or business owners who participate in violations held accountable.
- Retailers and sellers directly liable for display and sales violations.
Penalties
- Manufacturers, importers, and distributors face escalating fines: P500,000 (first offense), P1,000,000 (second), P2,000,000 or 5 years imprisonment (third), plus license revocation and deportation for foreign officers.
- Retailers and sellers face escalating fines: P10,000 (first), P50,000 (second), P100,000 or 1 year imprisonment (third), plus license revocation.
- Additional daily fines imposed for continued noncompliance after orders.
- Fines consider company size, sales, assets.
Graphic Health Warnings Templates and Timeline
- DOH to issue up to twelve (12) warning templates within 30 days after law effectivity.
- Manufacturers given one year to comply with initial templates.
- Templates valid for two years and rotated periodically.
- New template sets to be issued every two years.
- Mandatory compliance and sale prohibition for noncompliant products eight (8) months after initial template period.
Implementing Agencies and Roles
- DOH: Issue templates and guidelines.
- BIR: Certify compliance and ensure no stamps on noncompliant products.
- Inter-Agency Committee on Tobacco: Monitor compliance and enforce.
- DTI: Conduct hearings, impose administrative fines, and use proceeds for tobacco health promotion.
- DepED: Integrate graphic warnings into educational curriculum.
- IRR drafting committee established with multiple department representatives.
Congressional Oversight
- Oversight Committee co-chaired by Senate and House health committees to monitor implementation.
Strict Compliance
- No extensions allowed for compliance with requirements.
Separability Clause
- If any provision is declared invalid, the remainder of the law remains effective.
Repealing Clause
- Repeals conflicting provisions of previous laws and regulations related to tobacco health warnings.
Compliance with International Conventions
- Law does not alter Philippines' existing international treaty obligations.
Effectivity
- The law takes effect 15 days after publication in the Official Gazette or major newspaper.