SC: FDA has regulatory power over tobacco
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, the SC ruled
Supreme Court
Daily TribuneAll products affecting health, including tobacco products, are covered by the FDA’s mandate to ensure the safety, efficacy, purity and quality of health products, the SC ruled
Supreme Court
The Supreme Court has upheld the Food and Drug Administration’s (FDA) authority to regulate the health aspect of tobacco products, dismissing petitions filed by the Philippine Tobacco Institute and a lawmaker.
In a 23 July decision, the high court’s en banc division, through Senior Associate Justice Marvic Leonen, affirmed its 2021 ruling and denied motions for reconsideration filed by the Philippine Tobacco Institute (PTI) and Rep. Edcel C. Lagman.
The high bench said that under Republic Act 9711, or the Food and Drug Administration Act, the FDA has regulatory authority over all health products.
The Department of Health on Tuesday lauded the SC decision, describing it as “a significant victory for public health” and “a decisive step against the tobacco industry’s attempt to circumvent regulations.”
“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,” Health Secretary Ted Herbosa said.
“This ruling not only supports the DoH and FDA’s efforts to protect public health, but also underscores our commitment tungo sa Bagong Pilipinas kung saan Bawat Buhay Mahalaga (through the new Philippines where every life is important),” Herbosa added.
The law’s implementing rules also state that the Department of Health is responsible for regulating tobacco products through the FDA, the court said.
Reversal
The provision in the implementing rules was challenged by PTI, as it claimed that the Inter-Agency Committee on Tobacco (IAC-Tobacco) has exclusive jurisdiction over tobacco products, including its health aspect.
The Regional Trial Court ruled in PTI’s favor and held that tobacco products are beyond the FDA’s regulatory power. This was reversed by the SC in its 2021 decision, prompting PTI to challenge the ruling. Rep. Lagman also filed a motion for reconsideration as respondent-intervenor.
In denying the motions for reconsideration, the Court ruled that the IAC-Tobacco does not have sole and 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, the SC ruled.
Thus, the inclusion of tobacco products in the implementing rules of the FDA Act is in accordance with the law, it said.
It is also in accordance with the Philippines’ commitments under the World Health Organization Framework Convention on Tobacco Control (WHO-FCTC), the court stressed.
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.
The decision promotes and guarantees the health of generations of Filipinos, both living today and yet to be born, the DoH said.
It added that Filipinos need to be protected from the harmful effects of smoke and emissions from tobacco products, vapor products, and heated tobacco products.
The decision supports the gains of the Universal Health Care Act, the National Integrated Cancer Control Act, and many other health laws, the DoH said.