The Philippines became a Party to the WHO Framework Convention on Tobacco Control on September 4, 2005.
Smoke Free Places
Smoking is prohibited in enumerated indoor public places and workplaces such as government facilities, healthcare and educational institutions, and facilities frequented by minors while, in other public places and workplaces, including bars and nightclubs, designated smoking areas are allowed. Smoking is prohibited in public land transport, aircraft, and public transport terminals. Public watercraft may have designated smoking areas.
Tobacco Advertising, Promotion and Sponsorship
Many forms of tobacco advertising and promotion are prohibited, though tobacco advertising and promotion at points of sale and free distribution of tobacco products, among other promotional activities, are allowed. There are some restrictions on tobacco sponsorship and the publicity of such sponsorship.
Tobacco Packaging and Labeling
Rotating and combined picture and text health warnings are required to be placed on 50 percent of each of the principal display areas of tobacco product packaging. Misleading terms such as “light” and “low” are prohibited on tobacco product packaging, but other misleading packaging (e.g., colors, numbers, and symbols) are not prohibited.
Cigarette Contents and Disclosures
The law does not grant the authority to regulate the contents of cigarettes. The law does not require that manufacturers and importers disclose to government authorities information on the contents and emissions of their products.
The law prohibits the sale of small packets of cigarettes and the sale of tobacco products within 100 meters of schools, playgrounds, and other facilities frequented by minors. In addition, the law restricts sales via vending machines. There are no restrictions on internet sales or the sale of single cigarettes. The sale of tobacco products is prohibited to persons under the age of 21.
The law classifies e-cigarettes as combination drugs and medical devices, and not as tobacco products. As such, e-cigarettes must pass the FDA's evaluation before the FDA issues a market authorization. It appears as though no manufacturer or distributor has applied for FDA approval, and yet there are many products available on the market. The use of e-cigarettes is prohibited in specific public places where smoking is prohibited.
Roadmap to Tobacco Control Legislation
Republic Act No. 9211, also known as the Tobacco Regulation Act of 2003, is an omnibus law regulating smoking in public places, tobacco advertising, promotion and sponsorship, and sales restrictions, among other requirements. The Inter-Agency Tobacco-Committee issued Implementing Rules and Regulations of the Tobacco Regulation Act of 2003. The Committee’s Implementing Rules and Regulations are comprehensive and cover a broad range of topics on tobacco control. In addition to the advertising, promotion and sponsorship provisions in Rep. Act No. 9211 and the Implementing Rules and Regulations, the Consumer Act of the Philippines (Rep. Act No. 7394) addresses false, deceptive, or misleading advertising in general.
Public smoking restrictions are further regulated by two circulars: (1) Land Transportation Franchising and Regulatory Board of the Department of Transportation and Communications Memo, Circular No. 2009-036 (regarding smoking in public utility vehicles and land transportation terminals) and (2) Civil Service Commission Memo, Circular No. 17, s. 2009 (regarding smoking in all areas of government premises, buildings, and grounds). Executive Order No. 26 of 2017 imposes strict standards for designated smoking areas (DSAs), imposes duties on persons in charge of public places, prohibits advertising outside point of sale retail establishments, and addresses some other sales and advertising restrictions.
The Graphic Health Warnings Law, Republic Act No. 10643 and the Implementing Rules and Regulations of RA 10643 regulate the packaging and labeling of tobacco products. Department of Health Administrative Order No. 2014-0037, as amended by Department of Health Administrative Order No. 2014-0037-A, establishes the templates of the first set of required graphic health warnings. The second set is contained in Administrative Order No. 2014-0037-B. The third set is contained in Administrative Order No. 2019-0009.
In June 2010, the Philippines’ Civil Service Commission and Department of Health issued the first-of-its-kind Joint Memorandum Circular No. 2010-01 on the Protection of the Bureaucracy Against Tobacco Industry Interference, which, among other measures, provides specific guidelines for interactions with the tobacco industry. Several other government departments have issued rules and further guidance implementing this circular.
The Food and Drug Administration's (FDA) authority to regulate tobacco products has been challenged by the Philippine Tobacco Institute and is being litigated. In March 2011, the Department of Health, in consultation with the FDA, published new implementing rules defining how tobacco products will be regulated.
This country’s legal measures were reviewed by our legal staff in consultation with in-country lawyers or tobacco control experts.