THE Supreme Court (SC) on Tuesday reaffirmed the powers of the Food and Drug Administration (FDA) to regulate 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 said in a news release.
The High Tribunal cited its 2021 decision penned by Senior Associate Justice Marvic Leonen denying the motions for reconsideration filed by Philippine Tobacco Institute, Inc. (PTI) and Albay Rep, Edcel Lagman.
In that ruling, the SC declared that “tobacco products are undoubtedly health products” within the definition provided under Republic Act No. 9711, or the Food and Drug Administration Act of 2009, due to their harmful effects on health.
It added that “as to their health aspect, tobacco products fall under the regulatory authority of the Food and Drug Administration.”
In its petition, the PTI argued that the Department of Health was responsible for regulating tobacco products through the FDA.
The PTI has also claimed that the Inter-Agency Committee Tobacco (IAC-Tobacco) has exclusive jurisdiction over tobacco products, including its health aspect.
In denying the motions for reconsideration, the SC ruled that the IAC-Tobacco does not have sole and exclusive jurisdiction over tobacco products and the tobacco industry.
Thus, the inclusion of tobacco products in the implementing rules of the FDA Act is in accordance with the law.
The SC decision also adverted to the country’ commitments under the World Health Organization Framework Convention on Tobacco Control (WHO-FCTC).
Under the treaty, “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.
