Title
Graphic Health Warnings on Tobacco Products
Law
Republic Act No. 10643
Decision Date
Jul 15, 2014
The Graphic Health Warnings Law in the Philippines aims to protect and promote public health by requiring tobacco product packages to display highly visible graphic health warnings, accompanied by textual warnings, to inform consumers about the hazards of tobacco use.

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.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster—building context before diving into full texts.