Philip Morris Philippines Manufacturing Inc. v. Department of Health

This is a new resolution denying the government's motion for reconsideration, so the August 26, 2011 decision stands.  The Court of Appeals ruled there were no new arguments raised in the motion for reconsideration to warrant a reversal of its prior ruling.  This resolution repeats the appellate court's opinion that domestic law distinguishes promotions from advertising and sponsorship.  The resolution reiterates its holding that the FCTC is not self-executing and cannot provide a legal basis for a full ban on promotional, advertising and sponsorship activities absent domestic law implementing the treaty.

Phillip Morris Philippines Manufacturing Inc. v. Department of Health, CA-G.R. SP No. 109493 (2012)

  • Philippines
  • Aug 3, 2012
  • Court of Appeals, Manila

Parties

Plaintiff Philip Morris Philippines Manufacturing Inc.

Defendant

  • Bureau of Food and Drugs
  • Department of Health

Legislation Cited

International/Regional Instruments Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None

"We agree with the petitioner in contending that the Framework Convention on Tobacco Control (FCTC) is not self-executing and cannot be the direct legal basis for the respondents to justify its mistaken stance that Tobacco Promotions are now fully prohibited. For indeed, although the World Health Organization Framework Convention on Tobacco Control aims at total elimination of tobacco products and related activities, it provides only for a gradual elimination of tobacco due to health concerns and takes into account the "legal environment and technical means available" to the signatory Country."