Philippines

The law specifically bans all forms of tobacco advertising in mass media, except at the point of sale. By definition, the ban applies to all domestic broadcast media including TV, radio, cable, satellite, etc.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion on domestic TV and radio and other domestic broadcast media.

The law specifically bans all forms of tobacco advertising in mass media, except at the point of sale. By definition, the ban applies to all domestic print media including domestic newspapers and magazines.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to domestic newspapers and magazines.

The law specifically bans all forms of tobacco advertising in mass media, except at the point of sale. By definition, the ban applies to all domestic print media. Because the point of sale exception is analyzed under a separate category, the regulatory status code of “Banned” is used here rather than “Some Restrictions.”

Therefore, the law aligns with FCTC Art. 13 and the FCTC Art. Guidelines with respect to advertising in other domestic print media such as pamphlets, leaflets, flyers, posters and signs.

The law bans all tobacco advertising on television, cable television, and radio, and all other forms of broadcast media. The law is silent as to whether the ban applies to cross-border broadcast media. The ban would likely be interpreted to include advertising entering the Philippines because allowing such advertising would defeat the purpose of the ban. It is not clear whether the ban would be applied to cross-border tobacco advertising originating from the Philippines. Because the law is unclear on cross-border advertising, the regulatory status code of “Uncertain” is given rather than “Banned.”

To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines the ban should be explicitly applied to domestic and cross-border tobacco advertising and promotion.

The law bans all tobacco advertising on mass media, including print media, except at the point of sale. The law is silent as to whether the ban applies to cross-border print media. The ban would likely be interpreted to include print media advertising entering the Philippines because allowing such advertising would defeat the purpose of the ban. It is not clear whether the ban would be applied to cross-border tobacco advertising originating from the Philippines. Because the law is unclear on cross-border advertising, the regulatory status code of “Uncertain” is given rather than “Banned.”

To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the ban should be explicitly applied to domestic and cross-border tobacco advertising and promotion.

The law specifically bans all forms of tobacco advertising in mass media, except at the point of sale. By definition, the ban applies to all internet tobacco advertising.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to internet communications.

The Tobacco Regulation Act of 2003, Sec. 22, bans all outdoor advertising, except inside the "premises" of point-of-sale retail establishments. The Inter-agency Committee Regulations define "premises" as a tract of land and the building or buildings on the land as well as open spaces between any buildings. These provisions were interpreted by a court as permitting outdoor signs on top of point of sale establishments. However, Executive Order No. 26 of 2017 (effective July 15, 2017) expressly prohibits "placing any form of tobacco advertisement outside of the premises of point of sale retail establishments" and "placing any stall, booth, or other displays concerning tobacco promotions to areas outside the premises of point-of-sale locations or adult-only locations." This provision closes the loophole discussed above and, therefore, all outdoor advertising is banned.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to outdoor advertising.

Executive Order No. 26, as amended by Executive Order No. 106, prohibits placing, posting, displaying or distributing advertisement and promotional materials of tobacco products outside of the point of sale and in areas where their sale and distribution is prohibited. Therefore, the regulatory status code "Some Restrictions" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all point of sale advertising and promotion.

The law does not restrict the display of tobacco products at points of sale.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, tobacco product displays should be banned under a broad prohibition on tobacco advertising and promotion, as provided in the FCTC Art. 13 Guidelines.

Tobacco promotions delivered through conventional mail are allowed except they may not be directed to persons under 18 years of age. Health warnings are required to be displayed on all communications to consumers about tobacco promotions.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, all tobacco advertising and promotion by conventional mail should be banned.

All forms of tobacco advertising in mass media are prohibited except tobacco advertisements placed inside the premises of point of sale establishments. The law defines “mass media” as any medium of communication designed to reach a mass of people, including forms of electronic media. Accordingly, the ban on tobacco advertising in mass media is interpreted to cover tobacco advertising via telephone and cellular phone.

However, the law provides that telephone communications concerning promotions, promotional offers, programs, or events, which are restricted to those eighteen years and above, must comply with the restrictions on tobacco advertising and must include a recorded health warning message in English or Filipino.

To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should also ban all forms of tobacco promotions by phone.

All forms of tobacco advertising in mass media and all outdoor advertising are prohibited except tobacco advertisements placed inside the premises of point-of-sale establishments. The law specifies that the use of tobacco trademarks and brand names is a form of advertising. Therefore, brand marking is interpreted to be prohibited in all communications directed to reach a mass of people and in all outdoor advertising except inside the premises of point of sale establishments.

The name, logo, or indicia of a cigarette brand is prohibited on any merchandise to be sold or distributed but the law specifically provides that the name, logo, or other indicia of a cigarette brand may appear on cigarette lighters, ashtrays, or other smoking related items and if such name, logo, or other indicia of the cigarette brand is larger than fifty (50) square centimeters, the item must carry a health warning.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it defines brand marking narrowly and allows brand marking inside the point of sale and on smoking related items.

The law specifically prohibits the distribution of samples of tobacco products to persons below eighteen years of age.

This provision meets FCTC Art. 16. However, to align with the comprehensive advertising, promotion and sponsorship ban under FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban all free distribution of tobacco products.

The law provides that tobacco promotions must be directed at persons at least eighteen years old. The participants in promotions must be required to provide proof of age.

To align with the comprehensive advertising, promotion and sponsorship ban under FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban all promotional discounts, gifts, prizes, and rewards to consumers in conjunction with a tobacco product purchase.

The law provides that tobacco promotions must be directed at persons at least eighteen years old. The participants in promotions must be required to provide proof of age.

To align with the comprehensive advertising, promotion and sponsorship ban under FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban all competitions associated with tobacco products or brand names, whether requiring the purchase of a tobacco product or not.

The law provides that tobacco promotions must be directed at persons at least eighteen years old. The participants in promotions must be required to provide proof of age. Therefore direct person-to-person marketing is restricted to those over 18 years old.

To align with the comprehensive advertising, promotion and sponsorship ban under FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban all direct targeting of individuals.

Tobacco brand names are allowed on merchandise, such as but not limited to, t-shirts, caps, sweatshirts, visors, backpacks, sunglasses, writing implements, and umbrellas, except that the name, logo, or other indicia of cigarette brand displayed must not be visible to others when worn or used. Clothing items must be in adult sizes only.

To align with the comprehensive advertising, promotion and sponsorship ban under FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban brand stretching.

The law does not specifically address reverse brand stretching. Because the law does explicitly restrict other forms of tobacco advertising and promotions without consideration of reverse brand stretching, the law is interpreted to allow this form of tobacco advertising and promotion.

To align with the comprehensive advertising, promotion and sponsorship ban under FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban all forms of tobacco advertising and promotion to make it clear that reverse brand stretching is covered by the ban.

The law does not specifically prohibit toys that resemble tobacco products. However, no tobacco brand, logo, indicia, or element of the indicia may appear on items that are marketed to or likely to be used by minors, such as toys. If the logo or brand appears on an item marketed or likely to be used by minors, the manufacturer or company must take all available measures to prevent third parties from using the company's brand names.

To align with the comprehensive advertising, promotion and sponsorship ban under FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban all tobacco advertising and promotion.

The law does not specifically prohibit candy that resembles tobacco products. However, no tobacco brand, logo, indicia, or element of the indicia may appear on items that are marketed to or likely to be used by minors, such as candy. If the logo or brand appears on an item marketed or likely to be used by minors, the manufacturer or company must take all available measures to prevent third parties from using the company's brand names.

To align with the comprehensive advertising, promotion and sponsorship ban under FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban all tobacco advertising and promotion.

The law does not specifically address payments or rewards to retailers. It is unlikely that these programs or payments fall under the ban on tobacco advertising because the ban exempts point of sale establishments. This practice is particularly important for the tobacco industry in the Philippines because the law exempts tobacco advertising and promotion restrictions in point-of-sale establishments and the vast majority of cigarette sales occur through retail stores. Therefore, developing favorable relationships with retailers is an important activity for manufacturers in order to influence sales of their products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit retailer incentive programs or other payments to encourage them to sell tobacco products.

The law specifically bans placements made by any manufacturer, distributor, or retailer of any tobacco product or tobacco product packages and advertisement as a prop in any television program, motion picture, and other media (e.g., video game, optical disc) in alignment with FCTC Art. 13 and the FCTC Art. 13 Guidelines.

The law specifically bans placements made by any manufacturer, distributor, or retailer of any tobacco product or tobacco product packages and advertisement as a prop in any television program, motion picture, and other media (e.g., video game, optical disc). However, there is no specific provision prohibiting depiction by producers or network management, contrary to the comprehensive advertising, promotion and sponsorship ban under FCTC Art. 13 and the FCTC Art. 13 Guidelines.

The law prohibits the tobacco industry from sponsoring events, individuals, or groups involved in sports, culture, or art, where the sponsorship requires or involves advertising or promoting any tobacco product, tobacco company, or tobacco use. However, the donations themselves are otherwise allowed. “Sponsorship” is defined as “any public or private contribution to a third party in relation to an event, team or activity made with the aim of promoting a brand of tobacco product,” where the event, team, or activity would still exist or occur without such contribution. Additionally, public officials and employees are prohibited from soliciting or accepting anything of monetary value from any person or business related to the tobacco industry.

The limited scope of the restrictions on contributions does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines. To align, the law should prohibit all contributions to any activity, individual, organization, or government that have the aim, effect, or likely effect of promoting a tobacco product or tobacco use directly or indirectly.

The law prohibits some publicity of tobacco sponsorship for events, individuals, or groups involved in sports, music, culture, or arts. In such instances, the promotion is prohibited of the tobacco company, tobacco product or tobacco use, name, logo, trademarks and other words, symbols, designs, colors and other depictions associated with tobacco products. For regulated sponsorship, tobacco companies may be included in a roster of sponsors. Publicity of sponsorship of other individuals, groups, or events – such as corporate social responsibility campaigns – is allowed.

The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to publicity of tobacco sponsorship. To align, the law should prohibit all tobacco sponsorship and publicity thereof.

There is a general prohibition under the Consumer Act of false, deceptive, and misleading advertisement.

However, there is no law or regulation in effect that specifically prohibits not only the use of false, misleading, or deceptive terms and descriptors, but also trademarks, emblems, marketing images, logos, colors, figuratives, and any other signs, in line with what is required regarding tobacco product packaging and labeling by FCTC Art. 11.1(a).

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should comprehensively ban all means of promoting a tobacco product that are false, misleading, or deceptive or that are likely to create an erroneous impression, as in FCTC Art. 13 Guidelines para. 39.