Title
Regulation of Tobacco Products in the Philippines
Law
Republic Act No. 9211
Decision Date
Jun 23, 2003
The Tobacco Regulation Act of 2003 mandates strict regulations on the packaging, sale, and advertising of tobacco products to protect public health, particularly minors, by prohibiting smoking in public places, banning tobacco advertisements, and requiring health warnings on products.

Law Summary

Key Definitions in Tobacco Regulation

  • Clear definitions are provided, including terms like "advertisement," "advertising," "cigarette," "minor," "point-of-sale," "promotion," "public places," "retailer," "smoking," and "tobacco product."
  • Emphasis on inclusion of all tobacco products and related marketing tools.

Smoking Bans and Designated Areas

  • Smoking is strictly prohibited in youth centers, medical facilities, public transport, and places with fire hazards.
  • Venues not covered by the absolute ban must establish designated smoking and non-smoking areas with visible signage and health warnings.

Access Restrictions to Tobacco Products

  • Sales to minors under 18 are prohibited; proof of age is required.
  • Sales via vending or self-service machines forbidden unless age-verifying mechanisms exist.
  • Tobacco sales banned within 100 meters of schools and playgrounds.
  • Retailers must post warnings against sales to minors at points of sale.

Packaging and Advertising Restrictions

  • Mandatory rotating government health warnings on tobacco packaging covering significant package area.
  • Advertising must include health warnings and comply with restrictions on content appealing to minors.
  • Specific bans on celebrity endorsements, cartoons, depiction of smoking acts.
  • Time and location restrictions on radio, TV, cinema, print, outdoor, internet, and electronic media advertisements.
  • Progressive phase-out of tobacco advertising culminating in a near total ban by 2008.

Limits on Tobacco Promotions and Sponsorships

  • Promotions must be restricted to adults and include health warnings.
  • Tobacco brand participation banned in sports and cultural sponsorships starting mid-2008 except company name attribution.
  • No tobacco product sampling to minors.

Implementing Agency and Compliance

  • Establishment of IAC-Tobacco, chaired by DTI Secretary with members from key government agencies plus industry and NGO representatives.
  • Regular monitoring and reporting on compliance made mandatory.
  • Export-marked tobacco products exempt except if sold domestically.

Penalties for Violations

  • Incremental fines and possible business permit cancellation for smoking ban violations.
  • Higher fines, imprisonment, and revocation of licenses for advertising, sales to minors, and other breaches.
  • Liability extends to business owners and officers; foreigners subject to deportation after sentencing.

Support Programs for Affected Stakeholders

  • Financial and cooperative support programs for displaced tobacco farmers.
  • National smoking cessation initiatives and research programs.
  • Assistance programs for displaced tobacco industry workers.
  • Establishment of smoking withdrawal clinics with insurance support.
  • Educational programs integrated into school curricula promoting awareness of tobacco hazards.

Congressional Oversight and Implementation

  • Creation of a Congressional Oversight Committee on Tobacco to monitor implementation for up to three years.
  • IAC-Tobacco tasked with issuing implementing rules within six months.
  • Appropriations required for enforcement charged to national agency budgets.

Repeal and Effectivity

  • Repeals inconsistent administrative orders and amendments to consumer laws.
  • Separability clause ensures unaffected provisions remain valid if parts are ruled unconstitutional.
  • Law takes effect 15 days after official publication in the Official Gazette and national newspapers.

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