Supreme Court: FDA has mandate to regulate tobacco's health aspects

MANILA, Philippines — The Supreme Court has ruled that regulating the health aspects of tobacco products falls within the mandate of the Food and Drug Administration (FDA).

The ruling, written by Senior Associate Justice Marvic Leonen, upheld the court's 2021 decision denying the motions for reconsideration filed by the Philippine Tobacco Institute Inc. (PTI) and Rep. Edcel C. Lagman (Albay 1st District), as stated in the SC’s press release on Tuesday.

According to Republic Act 9711 or the Food and Drug Administration Act, the FDA is granted regulatory authority over all health products.

The implementing rules and regulations of the law further specified that the Department of Health is tasked with regulating tobacco products through the FDA.

The PTI challenged this provision, arguing that the Inter-Agency Committee on Tobacco (IAC-Tobacco) has exclusive jurisdiction over tobacco products, including their health aspects.

Initially, the Regional Trial Court ruled in favor of PTI. However, the Supreme Court reversed this decision in 2021, declaring that the IAC-Tobacco does not have sole jurisdiction over tobacco products and the tobacco industry.

PTI and Lagman then filed motions for reconsideration with the high court, which were also denied.

In rejecting their appeals, the Supreme Court said the IAC-Tobacco does not hold exclusive jurisdiction over tobacco products and the industry.

The court further stated that all products affecting health, including tobacco products, are under the FDA’s mandate to ensure the safety, efficacy, purity, and quality of health products.

The decision aligns with the Philippines’ commitments under the World Health Organization Framework Convention on Tobacco Control. The convention obliges countries to prioritize public health protection, including implementing tobacco control measures aimed at reducing tobacco use and exposure to tobacco smoke.