TOBACCO CONTROL LAWS

Philippine Tobacco Institute v. City of Balanga, et al.

The Philippine Tobacco Institute (PTI), whose members include Philip Morris Philippines Manufacturing, Inc. and JTI Philippines, Inc., challenged a City of Balanga ordinance making the City's 80-hectare University Town and its three kilometer radius "tobacco free," meaning the sale, use and marketing of tobacco products and e-cigarettes are banned. In July 2018, the Regional Trial Court declared the ordinance unconstitutional and invalid. The City appealed the decision to the Court of Appeals, which upheld the lower court's decision. The Court of Appeals concluded that the ordinance was invalid because it went beyond the provisions of Republic Act No. 9211, a federal law. (The federal law prohibits smoking in specified places and the sale of tobacco products within 100 meters of schools, playgrounds, and other facilities frequented by minors. The City ordinance, on the other hand, prohibits selling, distributing, using, advertising, and promoting tobacco products within University Town and within a three-kilometer radius.) The City's Motion for Reconsideration was also denied.

Philippine Tobacco Institute v. City of Balanga, et al., CA-G.R. SP No. 159329, Court of Appeals Manila 15th Division (2019).

  • Philippines
  • Jul 22, 2019
  • Court of Appeals, Manila, Special Fifteenth (15th) Division
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Parties

Plaintiff Philippine Tobacco Institute

Defendant

  • The City Council of Balanga
  • The City Mayor of Balanga
  • The City of Balanga
  • The Licensing Permit and Franchising Office (City of Balanga)

Legislation Cited

Tobacco Regulation Act of 2003 - An Act Regulating the Packaging, Use, Sale, Distribution, and Advertisements of Tobacco Products and for Other Purposes, Republic Act No. 9211

Ordinance No. 16 of 2016

International/Regional Instruments Cited

WHO Framework Convention on Tobacco Control (WHO FCTC)

Related Documents

PTI v. City of Batanga, Regional Trial Court of Bataan Decision (2019).

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.

Tobacco Control Topics

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)
Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)
Sales to or by Minors
Measures restricting tobacco sales to or by minors, as well as other retail restrictions relating to point-of-sale, candy and toys resembling tobacco products, vending machines, or free distribution. (See FCTC Art. 16)

Substantive Issues

Right to Health
A violation of the right to the enjoyment of the highest attainable standard of health. Public health advocates may claim the public’s right to health is violated by weak tobacco control measures, industry tactics, or an organization’s or smokers’ actions.
Ultra Vires Regulation
Subsequent regulations exceed the scope of the originating law.

Type of Tobacco Product

E-cigarettes and other ENDS products
Electronic and/or battery-operated devices designed to deliver an inhaled dose of nicotine or other substances. Examples include electronic cigarettes (e-cigarettes), electronic cigars, electronic cigarillos, electronic hookah, vaporizers, and vape pens. ENDS does not include any device or medication approved by the government as nicotine replacement therapy.
"Clearly from the foregoing, the City Council of Balanga have overstepped Congress by passing an ordinance which imposes more prohibited acts than those specified under a national statute (RA 9211 ). Therefore, the challenged Ordinance should be struck down as invalid for being ultra vires since it contravenes RA 9211."
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