Advocacy group lauds SC ruling affirming FDA authority over tobacco products

Public health advocacy group, HealthJustice, lauded the Supreme Court (SC) in affirming its previous ruling recognizing the regulatory power of the Food and Drug Administration’s (FDA) over health aspects of tobacco products.

HealthJustice said the decision also “fortifies our country’s commitment under the World Health Organization Framework Convention on Tobacco Control (WHO-FCTC).”

“The Supreme Court decision is a landmark triumph in our battle to reduce tobacco consumption and its deadly consequences to Filipinos, especially the youth,” former Health Secretary Dr. Jaime Galvez Tan, also a Board Member of HealthJustice, said.

“Tobacco consumption caused more than 110,000 deaths every year in the country. Aside from this staggering and irreplaceable loss of human lives, the country suffers more than 215 billion pesos in economic losses every year,” Tan added.

He added that the decision “removes any doubt and obstacle for the Department of Health and the FDA to continue their mandate of protecting the health of our people and stopping the destruction caused by the tobacco industry.”

The case stemmed from the efforts of the DOH and FDA to regulate the health aspects of tobacco products in view of the grave and serious consequences to Filipinos’ health.

However, the tobacco industry, through the Philippine Tobacco Institute, Inc. (PTI), challenged before the Regional Trial Court of Las Piñas the issuance of the DOH and FDA.

The regional trial court, through Acting Presiding Judge Romulo Villanue ruled in favor of PTI and declared the issuance of the DOH and FDA void.

Last 13 July 2021, the Supreme Court voting 10-3 reversed the RTC decision and upheld the FDA’s regulatory authority over the health aspects of tobacco products under Republic Act No. 9711, or the Food and Drug Administration Act.

The Supreme Court junked the motions filed by PTI who argued that the Inter-Agency Committee Tobacco has sole powers over tobacco products, and its health aspects. Senior Associate Justice Marvic M.V.F. Leonen penned both decisions.

HealthJustice aired its support for the position of the DOH and the FDA that it has regulatory powers over the health aspects of tobacco products.

The organization maintained that with the Supreme Court decision, there is no legal obstacle for the said agencies to exercise its jurisdiction to other tobacco products such as vapes, heated tobacco products, and novel tobacco products.

Former Health Undersecretary Atty. Alexander Padilla said the SC ruling is a “vindication to regulate the health aspects of tobacco products.”

“This regulatory win is significant and timely given that our country is facing another health crisis brought by the tobacco industry through its aggressive push of vapes and heated tobacco products,” Padilla said.

“The DOH and FDA should crackdown on these harmful products before it is too late for our youth,” he added.

RA 11900, or the Vape Regulation Law, lapsed into law in July 2022 and adopted watered-down provisions that instead harm the health of our future generations, with the age of access to vapes lowered from 21 to 18 years old, restrictions eased on flavors, and regulatory powers vested on the Department of Trade and Industry rather than the FDA.