Regulation of Tobacco Products in the Philippines

Policy and declared purposes

The State must protect the populace from hazardous products and promote the right to health and health consciousness (Section 2).
The government must institute a balanced policy regulating the use, sale, and advertisements of tobacco products to promote a healthful environment and protect citizens from the hazards of tobacco smoke, while safeguarding the interests of tobacco farmers, growers, workers, and other stakeholders (Section 2).
The Act must promote a healthful environment and inform the public of health risks from cigarette smoking and tobacco use (Section 3).
The Act must regulate and subsequently ban all tobacco advertisements and sponsorships (Section 3).
The Act must regulate tobacco labeling and protect youth from initiation by prohibiting sale of tobacco products to minors (Section 3).
The Act must assist and encourage Filipino tobacco farmers to cultivate alternative agricultural crops to prevent economic dislocation (Section 3).
The Act must create an Inter-Agency Committee on Tobacco (IAC-Tobacco) to oversee implementation (Section 3).

Core definitions and scope coverage

“Advertisement” means any visual and/or audible message disseminated to the public about or on a particular product that promotes and gives publicity through broadcast electronic, print, or other mass media forms, including outdoor advertisements; for this Act, it is understood as tobacco advertisement (Section 4).
“Advertising” means the business of conceptualizing, presenting, making available, and communicating to the public through any mass media any fact, data, or information about consumer product attributes, features, quality, or availability; for this Act, it is understood as tobacco advertising, including messages promoting smoking, purchase or use of cigarette/tobacco products, and tobacco trademarks/brands/manufacturers’ names (Section 4).
“Cigarette” means any roll or tabular construction containing tobacco or its derivatives intended to be burned or heated under ordinary conditions of use (Section 4).
“Minor” means any person below eighteen (18) years old (Section 4).
“Smoking” means carrying a lighted cigarette or other tobacco products, whether or not inhaled or smoked (Section 4).
“Tobacco Product” means any product consisting of loose tobacco containing nicotine intended for use in a cigarette, including any product containing tobacco and intended for smoking or oral or nasal use; requirements applicable to cigarettes also apply to other tobacco products unless the State provides otherwise (Section 4).
“Public Places” include enclosed or confined areas of hospitals, medical clinics, schools, public transportation terminals and offices, and buildings such as private and public offices, recreational places, shopping malls, movie houses, hotels, restaurants, and the like (Section 4).
The Act applies to all tobacco products placed into commerce in the Philippines (Section 30).
Tobacco products intended or offered for export and not for retail sale in the Philippines are not covered by the Act’s provisions except for a marking requirement on the shipping container (Section 30).

Smoking bans and designated areas

Section 5 absolutely prohibits smoking in:
- Centers of youth activity (playschools, preparatory schools, elementary schools, high schools, colleges and universities, youth hostels, and recreational facilities for persons under eighteen (18) years old);
- Elevators and stairwells;
- Fire-hazard locations including gas stations and storage areas for flammable liquids, gas, explosives, or combustible materials;
- Buildings and premises of public/private hospitals, medical/optical health centers, nursing homes, dispensaries, and laboratories;
- Public conveyances and public facilities including airport/ship terminals and train/bus stations, restaurants, and conference halls, except for separate smoking areas;
- Food preparation areas (Section 5).
In enclosed places open to the general public, private workplaces, and other places not covered by Section 5, where smoking exposes others to tobacco smoke, the owner, proprietor, operator, possessor, manager, or administrator must establish smoking and non-smoking areas (Section 6).
Designated smoking and non-smoking areas must not be located within the same room designated as non-smoking area; smoking areas may include designated areas within the building (open space or separate area with proper ventilation) (Section 6).
Each designated smoking area must have at least one (1) legible and visible sign reading “SMOKING AREA” and must include a warning about health effects of direct or secondhand exposure to tobacco smoke (Section 6).
Each non-smoking area must have at least one (1) legible and visible sign reading “NON-SMOKING AREA” or “NO SMOKING” (Section 6).

Age and point-of-sale restrictions

Tobacco sales through vending/self-service facilities are prohibited to minors unless the vending machine has a mechanism for age verification, except at point-of-sale establishments (Section 7).
Each retailer must ensure that tobacco-related self-service displays/facilities, advertising, labeling, and other items located in the retailer’s establishment and not compliant with the Act are removed or brought into compliance (Section 8).
It is unlawful for:
- Any retailer to sell or distribute tobacco products to a minor;
- Any person to purchase cigarettes/tobacco products from a minor;
- Any minor to sell or buy cigarettes/tobacco products; and
- Any minor to smoke cigarettes or other tobacco products (Section 9).
No defense exists for a seller/distributor that he/she did not know or was not aware of the minor’s real age, and no defense exists that he/she did not know nor had any reason to believe the product was for the minor’s consumption (Section 9).
Sale or distribution of tobacco products 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 (Section 10).
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.”
  (Section 11)
In case of doubt as to the buyer’s age, retailers must verify—using any valid form of photographic identification containing the date of birth of the bearer—that the purchaser is not below eighteen (18) years of age (Section 12).

Package labeling and advertising warnings

Starting 1 January 2004, all tobacco product packages withdrawn from manufacturing facilities or imported into the Philippines for sale must print, in either English or Filipino and on a rotating basis or separately and simultaneously, the following health warnings:
- “GOVERNMENT WARNING: Cigarette Smoking is Dangerous to Your Health;”
- “GOVERNMENT WARNING: Cigarettes are Addictive;”
- “GOVERNMENT WARNING: Tobacco Smoke Can Harm Your Children;” or
- “GOVERNMENT WARNING: Smoking Kills.” (Section 13)
Until 30 June 11006 (as written), the health warning must be on one side panel and occupy not less than fifty percent (50%) of that side panel including any border or frame (Section 13).
Beginning 1 July 2006, the health warning must be 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; the warning text must be clearly legible in black text on a white background with a black border; the warning must occupy a total area of not less than fifty percent (50%) of the total warning frame (Section 13).
The warnings must be rotated periodically, or separately and simultaneously printed, so that within any twenty-four (24) month period, the four (4) warning variations appear with proportionate frequency (Section 13).
The health warning must not be hidden or obscured by other printed information or images; it must not be placed where tax or fiscal stamps are likely to be applied, and if the warning is likely to be obscured or obliterated by a wrapper, it must be printed on both the wrapper and the package (Section 13).
All tobacco product packages must also contain on one side panel the statement “NO SALE TO MINORS” or “NOT FOR SALE TO MINORS.” It must occupy not less than ten percent (10%) of that side panel and must contrast by color, typography, or layout with other side panel material (Section 13).
No other printed warnings may be placed on cigarette packages, except the health warning and the message required in Section 13(f) (Section 13).
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.” (Section 14).
For print and outdoor advertisements, the warning frame must be centered across the bottom and occupy a total area of not less than fifteen percent (15%) of the advertisement including border/frame; the warning must occupy not less than fifty percent (50%) of the warning area, be clearly visible and legible, and use a prominent color that contrasts with other ad material; it must not be hidden or obscured (Section 14).
For television and cinema advertisements, the warning must be clearly shown and voiced over in the last five (5) seconds of the advertisement regardless of duration, even when silent; the warning must occupy not less than fifty percent (50%) of the television screen and must be clearly visible, legible, and audible in black text on white background or white text on black background; no other images may be included in the warning frame (Section 14).
For radio advertisements, the warning must be clearly and audibly voiced over in the last five (5) seconds regardless of duration (Section 14).

Advertising content restrictions and placement limits

Tobacco advertising must not be aimed at or particularly appeal to persons under eighteen (18) years of age (Section 15).
Tobacco advertising must not feature a celebrity or contain an endorsement, implied or express, by a celebrity (Section 15).
Tobacco advertising must not contain cartoon characters or subjects depicting humans or animals with comically exaggerated features or attributing human or unnatural characteristics to animals, plants, or other objects (Section 15).
Tobacco advertising must depict persons who are or appear to be above twenty-five (25) years of age (Section 15).
Tobacco advertising must not show, portray, or depict scenes where actual use, puffing, or lighting of cigarettes/other tobacco products is presented to the public (Section 15).
Print media tobacco advertisements must not be placed in a printed publication unless there is a reasonable basis to believe that at least seventy-five percent (75%) of readers are eighteen (18) years of age and above, and that the number of youth readers constitutes less than ten percent (10%) of all youth in the Philippines (Section 16).
Print media tobacco advertisements must not be placed on the packaging or outside covers (front and back) of a magazine, newspaper, journal, or other publication printed for general circulation (Section 16).
Outdoor advertisements must not be placed on billboards, wall murals, or transport stops/stations within one hundred (100) meters of any school or public playground or other facility particularly frequented by persons below eighteen (18) years of age (Section 17).
Outdoor advertising must not exceed seventy (70) square meters in total size, either individually or when placed in deliberate combination with other outdoor tobacco advertising (Section 17).
Outdoor advertisements must not be placed on taxis, buses, trains, or other public conveyances or in stations/terminals/platforms thereof, except in point-of-sale establishments (Section 17).
Tobacco advertisements are prohibited in connection with showing any film where persons below eighteen (18) years old are permitted admission (Section 18).
Tobacco advertising must not be broadcast on television, cable television, and radio between seven o’clock in the morning and seven o’clock at night (Section 19).
Electronic advertisements must not be incorporated within any video/audio cassette, videogame machine, optical disc, or similar medium unless restricted to persons eighteen (18) years of age or older; video game includes electronic amusement devices using computer/microprocessor circuitry and designed for use with a television set or monitor interacting with the user (Section 20).
Internet and similar medium tobacco advertisements are prohibited unless the Internet site is restricted to persons eighteen (18) years of age or older, with restriction deemed to exist when a person cannot access beyond the first page unless at least eighteen (18) is established; this applies to commercial communications and does not prevent company websites providing information about the company, products, and smoking and health-related information; business-to-business transactions between tobacco manufacturers, retailers, and distributors are permitted (Section 21).

Total ban timelines and promotions/sponsorship limits

Beginning 1 January 2007, all tobacco advertising on television, cable television, and radio is prohibited (Section 22).
Beginning 1 July 2007, all cinema and outdoor advertising is prohibited, and no leaflets/posters and similar outdoor advertising materials may be posted except inside point-of-sale retail establishments (Section 22).
Beginning 1 July 2008, all forms of tobacco advertising in mass media are prohibited, except tobacco advertisements placed inside point-of-sale retail premises (Section 22).
Tobacco promotions must be directed only to persons at least eighteen (18) years of age; no person below eighteen (18) or who appears below eighteen (18) may participate; participants must be required to provide proof of age (Section 23).
Consumer communications about tobacco promotions must comply with the Act’s tobacco advertising rules, and the age requirement for participation must be clearly marked on consumer program materials (Section 23).
Stalls, booths, and displays concerning tobacco promotions must be limited to point-of-sale locations or adult-only facilities (Section 23).
Telephone communications concerning promotional offers/programs/events must include a recorded health warning message in English or Filipino consistent with the Act’s specified warnings (Section 23).
Manufacturers, distributors, or retailers may not use tobacco product packages or advertisements as props in television programs or motion pictures for viewing by the general public or in a video/optical disc or video game machine (Section 23).
A cigarette brand name/logo/indicia may appear on cigarette lighters, ashtrays, or other smoking-related items only if when larger than fifty (50) square centimeters, the item must carry a health warning consistent with the Act (Section 23).
Merchandise with cigarette brand name/logo/indicia visible when worn/used may not be distributed/sold/offered if the items include t-shirts, caps, sweatshirts, visors, backpacks, sunglasses, writing implements, and umbrellas (as examples) unless clothing items are in adult sizes only, and no marketing to or likely use by minors is allowed (Section 23).
No cigarette brand element may appear on items marketed to or likely to be used by minors such as sports equipments, toys, dolls, miniature replicas of racing vehicles, video games, and food; manufacturers/companies must take all available measures to prevent third parties from using the company’s brand names/logo/proprietary material on products directed toward minors (Section 23).
No tobacco advertisements may be placed on shopping bags (Section 23).
No manufacturer may pay or provide other consideration to any sports league or team in exchange for use of a tobacco product brand (Section 24).
No manufacturer may enter into naming-rights agreements for stadiums or arenas using a tobacco product brand name or otherwise cause such naming with that brand name (Section 24).
Beginning 1 July 2006, sponsorship is prohibited for events/activities bearing a tobacco brand unless there is reasonable basis to believe all active participants are at least eighteen (18) years old; for teams/individuals bearing a tobacco product name unless all sponsored persons are at least eighteen (18) years old; and for sponsored events/activities reasonably believed to be of particular appeal to persons under eighteen (18) (Section 25).
Tobacco brand sponsorships are prohibited except where reasonable basis exists that: attendance will compromise no less than seventy-five percent (75%) persons at least eighteen (18) years old, the event/activity is not of particular appeal to persons under eighteen (18), the event/activity will not receive exposure (other than news items) on television/radio/Internet unless compliant with tobacco marketing provisions, and the principal activity does not require above-average physical fitness for the age group taking part (Section 25).
All persons authorized to bear tobacco product advertisements/logos/brand names at sponsored events must be at least eighteen (18) years old (Section 25).
All forms of advertising associated with or ancillary to sponsorship must comply with the Act’s marketing provisions (Section 25).
Beginning 1 July 2008, cigarette and tobacco companies are prohibited from sponsoring sports, concert, cultural, or art events and from sponsoring individual/team athletes, artists, or performers where such sponsorship requires or involves advertisement/promotion of any cigarette or tobacco company/product/tobacco use/name/logo/trademarks or related depictions (Section 26).
The attribution only to the name of the company in the roster of sponsors is allowed (Section 26).
No manufacturer may register a tobacco brand name as company name after passage of the Act (Section 26).
Distribution of tobacco product samples to persons below eighteen (18) years of age is prohibited (Section 27).

Inter-agency governance, reports, and implementation rules

The Inter-Agency Committee on Tobacco (IAC-Tobacco) is created with exclusive power and function to administer and implement the Act (Section 29).
The IAC-Tobacco is chaired by the Secretary of the Department of Trade and Industry (DTI) with the Secretary of the Department of Health (DOH) as Vice Chairperson (Section 29).
The IAC-Tobacco members include the Secretaries of Department of Agriculture (DA), Department of Justice (DOJ), Department of Finance (DOF), Department of Environment and Natural Resources (DENR), Department of Science and Technology (DOST), Department of Education (DepEd); the Administrator of the National Tobacco Administration (NTA); a tobacco industry representative nominated by legitimate recognized industry associations; and an NGO representative involved in public health promotion nominated by DOH in consultation with concerned NGOs (Section 29).
Department Secretaries may designate their Undersecretaries as authorized representatives to the IAC-Tobacco (Section 29).
Within one (1) year from the Act’s effectivity, and manually thereafter, the IAC-Tobacco must submit to the President and to both Houses of Congress a Compliance Monitoring Report on manufacturers’ compliance with applicable laws and ordinances for manufacture and distribution (Section 31).
The report must contain information on manufacturers’ methods, goals, and implementation program for meeting the Act’s requirements (Section 31).
The IAC-Tobacco must promulgate implementing rules and regulations within six (6) months from publication; it must submit them to the Congressional Oversight Committee on Tobacco (COC-Tobacco) for review (Section 37).
The COC-Tobacco must approve the implementing rules within thirty (30) working days of receipt; if implementing rules are not promulgated within the specified period, the specific provisions of the Act become immediately executory (Section 37).

Programs, education, and oversight

For a period not exceeding five (5) years, national government and concerned agencies must provide:
- Tobacco Growers’ Assistance Program for displaced or voluntary cessation beneficiaries, requiring evidence of being a tobacco farmer for the last three (3) years prior to January 1, 2004, belonging to tobacco-producing provinces, having a certificate of eligibility issued by the Local Government Unit and NTA, and having ceased to plant tobacco for the next preceding season after enactment (Section 33(a)).
- Tobacco Growers’ Cooperative programs supporting alternative farming systems, alternative crops, and other livelihood projects, using the same eligibility requirements (Section 33(a)).
- National Smoking Cessation Program subject to IAC-Tobacco approval; implementing rules and guidelines must be submitted to IAC-Tobacco by the Secretary of Health within three (3) months after effectivity (Section 33(a)).
- Research and Development Program to be spearheaded by NTA in cooperation with DOST, including studies on technologies and methods to reduce tobacco dependence risk and injury, alternative uses of tobacco, and related research (Section 33(a)).
- National Tobacco-Free Public Education Program under which State Universities and Colleges and Technical and Vocational Schools provide scholarship programs for dependents of tobacco growers; NTA must provide implementing rules and guidelines submitted to IAC-Tobacco within three (3) months after effectivity (Section 33(a)).
- Displaced Cigarette Factory Workers’ Assistance Program established by the Secretary of Labor and Employment with concurrence of IAC-Tobacco; rules/guidelines must be provided in coordination with NTA and DTI and submitted to IAC-Tobacco within three (3) months after effectivity (Section 33(a)).
- Health Programs where IAC-Tobacco, in consultation with DOH, awards grants to medical institutions; IAC-Tobacco must submit to Congress and the President an annual report of expenditures (Section 33(a)).
- Withdrawal Clinics where DOH establishes smoking withdrawal clinics for counseling and rehabilitation; if a minor smoker voluntarily undergoes treatment/counseling/rehabilitation through parent/guardian, expenses are reimbursable as outpatient service of the Philippine Health Insurance Corporation (Section 33(a)).
The DOH must conduct a continuous information program on the harmful effects of smoking consistent with the Act, in cooperation with DepEd and assisted by Philippine Information Agency (PIA), and must enlist public/private sector participation to discourage smoking (Section 34).
The DepEd must integrate instruction on adverse effects of cigarette/tobacco smoking—including health, environmental, and economic implications—into existing curricula of all public and private elementary and high schools (Section 35).
The DepEd Secretary must promulgate rules needed to carry out the education policy, and with assistance of the Secretary of Health and approval of IAC-Tobacco, must cause publication and distribution of materials on unhealthy effects of smoking to students and the general public (Section 35).
A Congressional Oversight Committee on Tobacco (COC-Tobacco) is constituted to monitor and review implementation for not exceeding three (3) years (Section 36).
COC-Tobacco consists of the Chairpersons of Senate Committees on Health, Trade and Commerce, Agriculture and Public Information, and House of Representatives Committees on Trade and Industry, Health, Public Information and Agriculture, plus a House member representing tobacco producing provinces nominated by all House members from tobacco producing districts (Section 36).
The COC-Tobacco Secretariat must be drawn from existing secretariat personnel of the standing committees, with funding charged against appropriations of both House and Senate (Section 36).

Penalties for violations and enforcement consequences

Violation of Sections 5 and 6:
- First offense: fine of not less than PHP 500.00 but not more than PHP 1,000.00 (Section 32(a)).
- Second offense: fine of not less than PHP 1,000.00 but not more than PHP 5,000.00 (Section 32(a)).
- Third offense: in addition to a fine of not less than PHP 5,000.00 but not more than PHP 10,000.00, business permits and licenses to operate must be cancelled or revoked (Section 32(a)).
Violation of Sections 7, 8, 9, 10, and 11:
- First offense: fine of not less than PHP 5,000.00 or imprisonment of not less than PHP 5,000.00 or imprisonment of not more than thirty (30) days, at the discretion of the court (Section 32(a)).
- For succeeding offenses: both penalties apply in addition to revocation of business licenses or permits for business entity or establishment (Section 32(a)).
- If the violation is by an establishment of a business entity, the owner, president, manager, or most senior officers are held liable (Section 32(a)).
- If a minor is caught selling, buying, or smoking cigarettes or other tobacco products, Article 189 of Presidential Decree No. 603 (Child and Youth Welfare Code), as amended, applies (Section 32(a)).
Violation of Sections 13 to 27:
- First offense: fine of not more than PHP 100,000.00 or imprisonment of not more than one (1) year, or both, at the discretion of the court (Section 32(a)).
- Second offense: fine of PHP 200,000.00 or imprisonment of not more than two (2) years, or both, at the discretion of the court (Section 32(a)).
- Third offense: in addition to a fine of not more than PHP 400,000.00 or imprisonment of not more than three (3) years, or both, at the discretion of the court, business permits and licenses for business entity or establishment must be revoked or cancelled (Section 32(a)).
- In the case of a business entity or establishment, the owner, president, manager, or officials thereof are liable (Section 32(a)).
- If the guilty is an alien, the alien must be summarily deported after serving the sentence and is forever barred from re-entering the Philippines (Section 32(a)).

Export-only marking and funds; repeals and separability

Tobacco products intended or offered for export and not for retail sale are exempt from the Act’s provisions, except the outside shipping container must be prominently marked “Export Only:” (Section 30).
Tobacco products marked for export but sold/traded or distributed in the Philippine market are subject to immediate confiscation and destruction (Section 30).
Appropriations for implementation must be charged against current year