FDA has regulatory power over tobacco products – SC

MANILA, Philippines — The Supreme Court (SC) has ruled that the Food and Drug Administration (FDA) has the authority to regulate tobacco products.

In a ruling promulgated on July 23, the SC denied the motions for reconsideration filed by the Philippine Tobacco Institute (PTI) and Albay Rep. Edcel Lagman.

The high tribunal said that under Republic Act 9711 or the Food and Drug Administration Law, the FDA has regulatory authority over all health products.

The implementing rules of the law also state that the Department of Health is responsible for regulating tobacco products through the FDA.

PTI challenged the authority of the FDA, arguing that the Inter-Agency Committee (IAC) on Tobacco has exclusive jurisdiction over tobacco products, including its health aspect.

The regional trial court ruled in favor of PTI and held that tobacco products are beyond the FDA’s regulatory supervision.

However, the SC reversed the decision in 2021, prompting PTI and Lagman to file motions for reconsideration.

In resolving the case, the SC ruled that the IAC-Tobacco does not have sole jurisdiction over tobacco products.

“All products affecting health, including tobacco, are covered by the FDA’s mandate to ensure the safety, efficacy and quality of health products,” the SC ruled.

The inclusion of tobacco products in the implementing rules of the FDA law is also in accordance with the country’s commitments under the World Health Organization Framework Convention on Tobacco Control, according to the SC.

The Department of Health (DOH) lauded the SC decision, saying it “promotes and guarantees the health of generations of Filipinos, both living today and yet to be born.”

“It is a decisive step against the tobacco industry’s attempt to circumvent regulations,” the DOH said.

P500 million recycled vapes

Meanwhile, the Bureau of Customs (BOC) ordered its Intelligence Group to probe reports that some P500 million worth of seized vape products were recycled and resold.

Customs personnel might have been involved in the illegal activity, according to reports.

The vape products, valued at P11 billion, were confiscated in Binondo, Manila recently.

Customs Commissioner Bienvenido Rubio instructed Deputy Commissioner Juvymax Uy to determine if BOC personnel were involved in the scheme. — Evelyn Macairan