MANILA – The Supreme Court has ruled that the Food and Drug Administration (FDA) has regulatory authority over the health aspects of tobacco products.
This was the ruling of the SC En Banc, promulgated last July 24, as it affirmed its 2021 decision and denied the motions for reconsideration filed by the Philippine Tobacco Institute, Inc., (PTI) and Rep. Edcel Lagman, according to a Tuesday news release.
Under Republic Act No. 9711, or the Food and Drug Administration Act (FDA Act), the FDA has regulatory authority over all health products, the Court said, adding that the law’s implementing rules also state that the Department of Health is responsible for regulating tobacco products through the FDA.
In a petition, PTI claimed that the Inter-Agency Committee Tobacco (IAC-Tobacco) has exclusive jurisdiction over tobacco products.
The Regional Trial Court ruled in PTI’s favor and held that tobacco products are beyond the FDA’s regulatory power.
The Supreme Court reversed the RTC in its 2021 Decision, prompting PTI to challenge the ruling.
The Court ruled that IAC-Tobacco does not have exclusive jurisdiction over tobacco products and the tobacco industry.
“All products affecting health, including tobacco products, are covered by the FDA’s mandate to ensure the safety, efficacy, purity, and quality of health products. Thus, the inclusion of tobacco products in the implementing rules of the FDA Act is by the law,” it said.
“It is also by the Philippines’ commitments under the World Health Organization Framework Convention on Tobacco Control (WHO-FCTC),” the SC added.
Under the WHO-FCTC, the country shall prioritize the protection of public health, including implementing tobacco control measures to reduce the prevalence of tobacco use and exposure to tobacco smoke.
Ensuring Filipinos’ health
Meanwhile, the Department of Health (DOH) on Tuesday said the High Court’s affirmation of the FDA’s regulatory authority over the health aspect of tobacco products ensures Filipinos’ health.
“The decision promotes and guarantees the health of generations of Filipinos, both living today and yet to be born,” DOH Secretary Teodoro Herbosa said in a statement.
Citing that the decision also supports the gains of the Universal Health Care Act and the National Integrated Cancer Control Act, Herbosa said the ruling protects the public, especially from the harmful effects of smoke and emissions from tobacco products, vapor products, and heated tobacco products.
“We see this decision by the Supreme Court as a triumph of justice in favor of health for our people. We thank the wise Justices of the Supreme Court for this landmark decision,” he said. (PNA)
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SC affirms FDA powers over the health aspect of tobacco products
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