V- ; 
'
'sii'■ ,• '(©ffitr i){ lii? C ■
NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
Third Regular Session 
)
SENATE
S.B. No. 2700
24 MI\Y 23 PI 33
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT
TO CREATE A HEALTHY FOOD MARKETING ENVIRONMENT BY REQUIRING 
FRONT-OF-PACKAGE WARNING LABELS FOR FOOD HIGH IN FAT, SODIUM, 
OR SUGAR AND REGULATING THE MARKETING OF SUCH FOOD TO 
CHILDREN
EXPLANATORY NOTE
Noncommunicable diseases (NCDs) such as cancer, cardiovascular disease, 
diabetes, and chronic respiratory diseases account for 68% of the total deaths in the 
Philippines.1 Obesity has been identified as a key risk factor for these NCDs.2 In the 
Philippines, the prevalence of overweight and obesity among adolescents has 
increased from 4.9% in 2003 to 11.6% in 2018,3 with one out of every seven children 
aged 5 to 19 classified as overweight or obese4. Without interventions, more than 
30% of Filipino adolescents are estimated to fall into this category by 2030.5
The obesogenic environment within the Philippines prevents Filipinos, especially 
children, from making healthy choices. 6 Marketing strategies that disproportionately 
target children7—who are especially vulnerable to the influence of advertising and 
nutritional claims—impact their diets and health.8 Nutrition information on food labels 
is often difficult to access as they are printed on the back of product packaging, and
1 WHO (2019). Prevention and control of noncommunicable diseases in the Philippines: The case for investment", p. 1. Available at 
httPs://www.who.int^docs/deraiilt-source/wDro—documenls/countries/philiDPines/reDorts/prevention-and-control-of-noncommunicable-
diseases-in-the-philippines—the-case-ror-investinenl. pdf (last accessed .lamiary 23, 2024).
2 Id. at p. 4.
3 Department of Science and Technology - Food and Nutrition Research Institute (2021). Expanded National Nutrition Survey 2021. UNICEF, 
Prevention of Overweight and Obesity in Children: Landscape Analysis and Priority Actions Philippines Brief available at 
https://www.unicef.org/eap/media/8221/file/Prevention%20ol%200verweight%20and%200besity%20in%20Children:.pdf
* Id.
5 UNICEF (2022). Everybody Needs to Act to Curb Obesity. Available at https://www. imicef.ore'philippines.'oress-releases/evervbodv-needs- 
act-curb-obesitv (last accessed January 23, 2024).
6 UNICEF (2021). Prevention of Overweight and Obesity in Children: Landscape Analysis and Priority Actions Philippines Brief. Available 
at https://www.uniceforg/eap/media/8221/file/Prevention%20oP/o200verweight%20and%200besity%20in%20Children:.pdf (last accessed 
January 23, 2024J
7 Research on children's exposure to television advertisements indicates that high-sugar, high-salt, and high-fat foods are disproportionately 
more promoted than healthier alternatives during child-viewing hours See FoodAct Asia (PH) Policy Brief (2022). Tackling the Obesity 
Challenge: Urgent Steps to Regulate TV Food Marketing in the Philippines.
8 
UNICEF (2021). Marketing of Unhealthy Foods and Non-alcoholic Beverages to Children. Available at 
httPs://www.uniceforg/media/l l669l/file/Marketing%20restrictions.pdf(last accessed January 23, 2024).
1


even more difficult to understand—especially among consumers from lower-income 
households.9
It is the State's duty to "protect and promote the right to health of the people 
and instill health consciousness among them.10" The State must protect and promote 
the right of every Filipino to the enjoyment of the "highest attainable standard of 
health,"11 and defend the right of children to proper care and nutrition, and "special 
protection from conditions that are prejudicial to their development."12 In meeting 
these duties, the State must strive to create a healthy environment that enables 
Filipinos, especially children, to make healthy food choices.
This proposed measure aims to address the foregoing issues, and fulfil the 
above-mentioned duties of the State, by:
(1) Introducing front-of-pack warning labels to help Filipinos avoid food that 
exceed prescribed thresholds for energy, fat, sodium, and sugar; and
(2) Regulating marketing on various media channels and in locations frequented 
by children to minimize the power of, and reduce the exposure of children to, 
marketing of food that exceed prescribed thresholds for energy, fat, sodium, 
and sugar.
Similar policies in other countries have shown promising results, with front-of- 
pack labels having been proven to reduce purchases of unhealthy food and 
beverages13 and marketing restrictions leading to a significant decrease in chiidren's 
exposure to unhealthy food and beverage advertising.14
The proposed measure aligns with our shared vision of creating a Healthy 
Pilipinas Filipinos can lead healthy lives. In view of the foregoing, the approval 
of this bill is earnestly sought.
RISA HONTIVEROS
Senator
4JL
9 Sinclair, et al. (2013). Sociodemographic differences in the comprehension of nutritional labels on food products.
10 Philippine Constitution, art. II (15).
11 Convention on the Rights of the Child, art. 24(1).
12 Philippine Constitution, art. XV (3).
13 UNICEF (2021). Front of Pack Nutrition Labelling. Available at https://www.unicef.0rg/media/l 16686/file/Front- 
of-Pack%20Nutrition%20Labelling%20(FOPNL).pdf (last accessed January 23, 2024).
14 UNICEF (2021). Marketing of Unhealthy Foods and Non-alcoholic Beverages to Children. /Available at 
https://www.uniceforg/media/ 116691/file/Marketing%20restrictions.pdf (last accessed January 23, 2024).


3f i:.c ;■' -^el^in-
NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
Third Regular Session 
)
SENATE
S.B. No. 2700
24 MI\Y 23 PI 33
RtCGV.D ev.
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT
TO CREATE A HEALTHY FOOD MARKETING ENVIRONMENT BY REQUIRING 
FRONT-OF-PACKAGE WARNING LABELS FOR FOOD HIGH IN FAT, SODIUM, 
OR SUGAR AND REGULATING THE MARKETING OF SUCH FOOD TO 
CHILDREN
Be It enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
1 
ARTICLE I.
2 
GENERAL PROVISIONS
3
4 
Section 1. Short title. - This Act shall be known as the "Healthy Food Marketing
5 
Environment Act".
6 
Sec. 2. Declaration of policy. - It is the policy of the State to protect and
7 
promote the right to health of all Filipinos, and instill health consciousness among
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them. It is likewise the policy of the State to protect and promote the right of every
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child to the enjoyment of the highest attainable standard of health and to defend their
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right to proper care and nutrition, which includes the right to healthy environments.
11 
The State therefore recognizes the need to enable all Filipinos to make informed food
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choices and avoid food and beverages that are harmful to one's health in line with its
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policy to protect consumers from trade malpractices and substandard or hazardous
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food products.
15 
The State also recognizes the urgent need to protect children from obesogenic
16 
food environments that promote the sale and marketing of unhealthy food and
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beverages, such as foods high in saturated and trans-fat, sodium, and sugar.


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Sec. 3. Objective. - This Act aims to:
a. 
Guide the population in making informed food purchases and discourage 
Filipinos—especially children—from consuming food containing energy, fat, 
sodium, and sugar in excess of the prescribed maximum thresholds; and
b. 
Minimize the power of, and reduce the exposure of children to, marketing 
of food and beverages containing energy, fat, sodium and sugar in excess 
of the prescribed maximum thresholds.
Sec. 4. Definition of terms. - As used In this Act:
a. "Breastmilk substitutes" refers to any food being marketed or otherwise 
represented as a partial or total replacement for breastmilk, whether or not 
suitable for that purpose;1
"Calories" refer to the unit of measurement used to determine the amount 
of energy that a food provides;
"Child" refers to a person aged under 18 years old.
"Child-directed marketing" refers to all marketing targeted to children, 
which Includes, but Is not limited to, marketing that uses: images, sounds 
or language designed to appeal to children such as cartoon characters, 
personalities or celebrities that target or address children In their content 
(licensed or unlicensed), children actors or voices, or references to school 
or play; toys or book giveaways, competitions or promotional giveaways, 
buy-one-take one, discounts, and pricing bundle strategies; themes 
designed to attract children (e.g. fantasy or adventure); games or activities 
that are likely to be popular with children; or other similar or analogous 
appeals. Child-directed marketing also includes marketing that Is directed 
to a parent (or another adult) where the end-consumer is a child. 
"Child-centered settings" refers to any location that is frequented by 
families and children because of activities, attractions, or infrastructure 
targeted or directed to children, including but not limited to schools, 
educational establishments, learning institutions, playgrounds, amusement
e.
1 National Code of Marketing of Breastmilk Substitutes, Breastmilk Supplements and Other Related Products, 
Executive Order No. 51, § 4(a) (1986).


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parks, or other service centers or places frequented by families and 
children, and other similar and analogous settings.
"Cross-border marketing" refers to marketing which originates within 
the territory of the Philippines and enters or could be received in another 
territory, as well as that which originates outside the territory of the 
Philippines and is received or accessible within the territory. 
"Complementary nutritional information" refers to any information 
that may state, suggest, or imply that a food or beverage possesses 
particular nutritional properties, especially, but not limited to its energy 
value, protein, fat, carbohydrates, dietary fiber content, critical nutrients, 
vitamins, minerals, including assertions of fortification.
"Distributor" refers to any person to whom a prepackaged food product 
is delivered or sold for purposes of distribution in commerce. Distributors 
include importers, exporters, traders, or wholesalers.
"Educational establishment" refers to any establishment, including but 
not limited to schools, learning institutions, play schools, sports camps, 
youth development facilities, and other places, where a child as defined in 
this Act engages in activities that contribute to their overall growth and 
development through any means of instruction.
"Food and beverages" means food and food products as defined by the 
FDA Act of 2009 or Republic Act No. 9711, provided that^ny reference to 
"food" in this Act means "food and beverages".
"Food and beverage industry" means manufacturers, wholesale 
distributors, and importers of prepackaged food required to have a warning 
label defined in this Act.
"Front-of-package warning label (FOPWL)" refers to the 
supplementary nutrition information on the main face of the packaging of 
prepackaged food to inform consumers when a product contains excessive 
amounts of nutrients of concern;2
2 WHO, Guiding principles and framework manual for front-of-pack labelling for promoting healthy 
DIETS 11 (2019); FAO& WHO, CODFX Alimentarius (International Food Standards) 11 CXG 2-1985 (2021); 
PAHO, Front-of-package labeling (as a policy tool for the prevention of noncommunicable diseases in 
THE Americas) 9 (2020).


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m.
n.
"Importer" means the consignee or the Philippine agent or representative 
of a foreign owner or consignee of raw materials, ingredients, and/or 
finished prepackaged food at the time of such entry of such article in the 
Philippines.
"Health claim" means any representation or combination of 
representations that creates an impression that a product is beneficial for 
health and well-being.
"Main face" refers to the part of the packaging that is intended to be 
displayed, where the sales name and the brand or logo, if any, are recorded 
in their most relevant forms.
"Manufacturer" means a person who makes, mixes, cooks, packs, 
combines packaging or modifies packaging of prepackaged food required 
to have a warning label under this Act. This shall include any person who 
attaches one's own brand name to a prepackaged food product 
manufactured, assembled, or processed for them.
"Marketing" means any form of commercial communication of messages 
that are designed to, or have the effect or likely effect of, increasing the 
recognition, appeal and/or consumption of particular products and services, 
whether directly or indirectly. It includes but is not limited to acts of 
advertising and promotions of a product or service including the advertising 
of corporate social responsibility initiatives, and sponsorships.3 
"Message" means the presentation of letters, images, artificial marks, 
photographs, motion pictures, light, sound, or any other action that enables 
the general public to comprehend the conveyed meaning.
"Micro, small, and medium enterprise (MSME)" refers to food 
business operators as defined within the classification of industries by the 
Department of Trade and Industry.
"Nutrient" refer to any chemical substance normally consumed as a 
component of a food that: (1) provides energy; and/or (2) is necessary for, 
or contributes to the growth, development, and maintenance of health and
3 ASEAN and UNICEF (2022), [DRAFT] Minimum standards and guidelines on actions to protect children from the 
harmful impact of marketing of food and non-alcoholic beverages in the ASEAN region.


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u.
w.
life; and/or (3) the absence of which will cause characteristic chemical or 
physiological changes to occur;
"Nutrient Profile Model" refers to a tool used to classify or rank 
prepackaged or processed food according to their nutritional composition 
for reasons related to the prevention of disease and the promotion of 
health;
"Nutrients of concern" refer to those nutrients that when ingested above 
the maximum values are considered as risk factors associated with non- 
communicable diseases; these include but are not limited to sugars, 
sodium, saturated fats, total fats, and calories.4
"Nutrition claim" means any representation which states, suggests or 
implies that a food has particular nutritional properties including but not 
limited to the energy value and to the content of protein, fat and 
carbohydrates, as well as the content of vitamins and minerals. Provided, 
that (1) the mention of substances in the list of ingredients; (2) the mention 
of nutrients as a mandatory part of nutrition labelling; (3) quantitative or 
qualitative declaration of certain nutrients or ingredients on the label if 
required by national legislation do not constitute nutrition claims.5 
"Point-of-sale" refers to a kiosk, counter, cashier, or any specific, 
definite, and limited area, where an individual can purchase or otherwise 
obtain prepackaged food.
"Prepackaged food" refer to processed food prepared in advance and 
placed in a container, labelled and ready for sale or distribution, or for 
catering purposes.
"Public event" means any activity that is open for public access and 
participation, regardless of the identity of the organizer or coordinator of 
such activity. It includes but is not limited to events such as sporting, music, 
and recreation events that target and attract children.
4 Norma Oficial Mexicana 051/2020 [NOM 051/2020], Art. 3.38 (2020) (Mexico).
5 Food and Agriculture Organization of the United Nations & World Health Organization, Codex Alimentarius: 
International Food Standards, Guidelines on Nutrition Labeling as of 2021.


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aa. "Public space" means a place accessible to the general public or a place 
for collective use, regardless of ownership or right to access, 
bb. "Public transport" means any vehicle used for carriage of members of 
the public, usually for reward or commercial gain, including taxis and 
vehicles for hire.
cc. "Saturated fatty acid (SFA)" refers to fatty acids that contain the 
maximum number of hydrogens possible, and no carbon-carbon double 
bonds. Saturated fatty acids are classified as short chain (1-5 carbons), 
medium chain (6-12 carbons), and long chain (13-21 carbons) and very 
long chain (contains 22 and more carbons) according to the carbon chain 
length;
dd. "Sodium" refers to a chemical element that exists naturally in food, 
associated with other molecular residues or atoms as an ionic bond, forming 
chemical salts. It is of great importance since it helps to maintain the water 
and base acid balance of any organism, constituting its most common 
compound, sodium chloride or what is usually called table salt. Likewise, 
we find other sodium salts that are of industrial origin, such as monosodium 
glutamate (flavor enhancer); benzoate, sodium acetate, sodium 
bicarbonate (acidity regulators and preservatives); sodium hydroxide, 
sodium carbonate (acidity regulator); sodium erythorbate (antioxidant), 
among others. One gram of 'table salt' contains 400mg of sodium (1 gram 
of sodium is equivalent to 2.5 grams of table salt); 
ee. "Sponsorship" means any form of contribution to any event, activity or 
individual with the aim, effect or likely effect of promoting a food or 
beverage product either directly or indirectly.6 
ff. "Sugar" refers to sucrose, fructose, or glucose obtained from the industrial 
processing of sugar cane, sugar beet, hard yellow corn, and their mixtures, 
among others, in the form of a crystallized solid product or syrup used as 
an ingredient in food products;
6 ASEAN and UNICEF (2022), [DRAFT] Minimum standards and guidelines on actions to protect children from the 
harmful impact of marketing offood and non-alcoholic beverages in the ASEAN region.


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gg. "Total fat" refers to the total amount of fat in a food product. This includes 
the saturated fat, trans-fat, monounsaturated, and polyunsaturated fat in 
a food product;
hh. "Trans fatty acid (TFA)" refers to all fatty acids with a double bond in 
the trans configuration, regardless of whether they are produced 
industrially or come from ruminant sources. Naturally occurring trans fats, 
like those coming from ruminant sources (e.g., cow, goat, carabao, lamb, 
deer, etc.) are perfectly safe and healthy for humans. Industrially produced 
trans fats, both coming from hydrogenation and those formed through high 
heat, are the ones that are toxic and should be removed from the food 
supply.
Sec. 5. General rule on statutory construction. -This Act shall be construed 
strictly in favor of improving the health of Filipinos, especially children, and decreasing 
the rate of obesity and overweight among them. Any doubt in the interpretation of 
the provisions of this Act shall be resolved in favor of the State policy to protect public 
health. Nothing in this Act shall be construed as limiting the powers of local 
government units (LCDs) under the general welfare clause of Republic Act No. 7160 
or the Local Government Code.
ARTICLE II
MAXIMUM VALUES OF NUTRIENTS OF CONCERN IN PREPACKAGED FOOD
PRODUCTS
Sec. 6. Maximum values of nutrients of concern for prepackaged food. - The 
Department of Health (DOH) shall develop or adopt a nutrient profile model (NPM) to 
determine the maximum values of energy, sugar, sodium, saturated fat, total fat, and 
other nutrients for prepackaged food. Pending the development of a local NPM, the 
WHO Nutrient Profile Model for South-East Asia Region shall be used as the basis for 
such maximum values. The DOH may coordinate with the Department of Science and 
Technology - Food and Nutrition Research Institute (DOST-FNRI) in developing an 
NPM for the Philippines.


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ARTICLE III
FRONT-OF-PACKAGE WARNING LABELS
Sec. 6. Mandatory front-of-package warning labels. - No person shall sell, 
manufacture, import, or distribute prepackaged food without a front-of-package 
warning label as prescribed in this Act, when the final composition of the product 
contains nutrients of concern that exceed the maximum values prescribed under 
Section 6 of this Act.
Sec. 7. Form, size, placement, and characteristics of the warning label. 
a. The warning label shall be displayed in a manner prescribed by the FDA, in 
accordance with the following guidelines:
i. The packaging must include one warning label for each nutrient of 
concern in excess of prescribed values, namely:
• 
"HIGH IN SUGAR"
• 
"HIGH IN SODIUM"
• 
"HIGH IN SATURATED FAT"
• 
"HIGH IN TOTAL FAT"
If the product's calories is in excess of the prescribed values the 
package must include the following warning label:
• 
"HIGH IN CALORIES"
If the product contains sweeteners, the package must include the 
following warning label:
• 
"CONTAINS SWEETENERS, NOT RECOMMENDED FOR 
CHILDREN".
The warning label shall have the form of black octagons with a white 
edge and capital letters;
The size of each warning label shall never be less than five percent 
(5%) of the total area of the main face of the packaging;
The warning label shall form part of the packaging and its full visibility 
and integrity must not be susceptible to being damaged, concealed, 
obstructed or changed by any package design, feature, or mechanism, 
or covered by any other markings;
11.
111.
IV.
V.


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vu.
via.
vi. The warning label must be located on the top right edge of the 
product's main face. If the shape of the product is round or cylindrical, 
it must be on the top center of the main face. For products in which 
the main face of the packaging is equal to or less than ten (10) square 
centimeters, it will contain a single octagon that will show inside of it 
how many nutrients of concern above the thresholds the product has. 
The warning label shall be 15% of the total area of the front of the 
package.
If the food or beverage has more than one warning label, they must 
be placed adjacent to each other on the product's main face.
For packages with multiple products, the outer packaging, as well as 
each individual package inside must also include the warning label. 
The provisions established in this Section are applied in addition to the existing rules 
and regulations governing the labeling of prepackaged food distributed in the 
Philippines. In addition, the FDA is encouraged to release guidelines pertaining to the 
placement of products at the point of sale.
Sec. 8. Prohibition againstmisieading ciaims. - It is absolutely prohibited for all 
prepackaged food required to have a warning label under Section 7 of this Act to 
contain:
a. 
Complementary nutritional information;
b. 
Logotypes or phrases stating the sponsorship or endorsements of scientific 
societies or civil associations; and
c. 
Any other health and nutrition claim.
Sec. 9. Misbranded. - A violation under Sections 7,8, or 9 of this Act shall render 
the product misbranded under Republic Act No. 9711. Pursuant to Section 11 of 
Republic Act No. 3720 as amended by Republic Act No. 9711, the following acts are 
prohibited:
b. 
The manufacture, importation, exportation, sale, offering for sale, 
distribution, transfer, non-consumer use, promotion, advertising, or 
sponsorship of any food that is adulterated, unregistered or misbranded;
c. 
The adulteration or misbranding of any food.


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Sec. 10. Exemptions. - Prepackaged food for special therapeutic dietary uses 
that are formulated for a particular physiological condition or as partial replacement 
for meals, and culinary ingredients which typically consist of only one nutrient in high 
purity (such as cooking oils, table sugars, common table salt, etc.) shall follow their 
respective labeling requirements and shall be exempted from the obligation to 
incorporate a nutritional warning label. Breastmilk substitutes shall likewise be 
exempted from this Act and shall follow the guidelines promulgated by Executive Order 
No. 51, series of 1986, its implementing rules and regulations and other pertinent 
regulations.
ARTICLE IV
RESTRICTIONS ON THE MARKETING OF PREPACKAGED FOOD PRODUCTS 
REQUIRED TO HAVE A WARNING LABEL
Sec. 11. Minimizing the power of child-directed marketing-
d. 
It is absolutely prohibited to employ child-directed marketing or to initiate, 
produce, publish, broadcast, or disseminate any marketing that employs 
child-directed marketing techniques for all prepackaged food required to 
have a warning label under Section 7 of this Act. This prohibition includes, 
but is not limited to, such child-directed marketing in the following settings:
i. 
Outdoor environments (such as billboards);
ii. 
Retail environments (such as vending machines and in points-of- 
sale), especially child-directed marketing within the direct line of 
sight of children in groceries, supermarkets, and retail stores 
engaged in the sale of pre-packaged food commodities in small- 
scale and commercial quantities;
iii. 
Public spaces (such as public transportation terminals and utility 
vehicles); and
iv. 
Digital media and e-commerce platforms, such as, but not limited 
to, social media platforms and mobile application platforms.
e. 
All persons who sell, manufacture, distribute, or import prepackaged food 
that are required to have a warning label are likewise prohibited from
10


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engaging in sponsorship as defined in this Act. This prohibition shall also 
apply to any person who receives or facilitates such sponsorship, including 
but not limited to, the media or event organizer, venue owner, team owner, 
sportsperson, celebrity, artist, or other performer.
f. The DOH is hereby authorized to identify and regularly publish a schedule 
of forms, methods, and means of marketing that are considered child- 
directed marketing under this Act, and other similar and analogous appeals 
to child-directed marketing techniques for the guidance of relevant 
stakeholders.
Sec. 12. Reducing exposure of children to the marketing of prepackaged food 
required to have a warning label. -It is absolutely prohibited to market prepackaged 
food required to have a warning label under Section 7 of this Act in the following 
settings:
a. 
In and within 250 meters from any point of the perimeter of child-centered 
settings;
b. 
Between 6:00 a.m. to 10:00 p.m. for all programs, commercials, and films 
shown in television with a rating other than R-18 by the Movie and 
Television Review and Classification Board (MTRCB); and
c. 
Between 6:00 a.m. to 10:00 p.m. for all programs and commercials 
broadcast on radio.
Sec. 13. When communication is not considered marketing. - The following 
exhaustive list of communications and actions shall not be considered marketing of 
prepackaged food required to have a warning label under Section 7 of this Act even if 
likely to have an incidental promotional effect, provided they are reported to the DOH 
as required under Section 15 of this Act:
a. 
Display of brand name, product name, and/or manufacturer's name on 
prepackaged food product packaging, without any marketing features on 
the package;
b. 
Dissemination or reporting of information on company practices that do not 
involve contributions to other parties, where required for necessary 
business administration or for mandated corporate reporting;
11


1 
c. Legitimate journalistic, artistic, or academic expression of food and
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beverage content and genuine social or political commentary, authored or
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created by named individuals engaged in journalism, art, or the academe,
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for which no payment or any other consideration is made by the food and
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beverage industry;
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d. Product information provided to entities within the food and beverage
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industry trade, with access only to persons/entities who need the
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information; and
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e. 
Manufacturers and distributors' newsletters destined for distribution
10 
within the food and beverage industry and related business partners.
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Sec. 14. Promoting transparency in food and beverage marketing. - Within two
12 
(2) years from the date of effectivity of this Act, large enterprises (as defined by the
13 
Department of Trade of Industry) in the food and beverage industry shall submit an
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annual report to the Department of Health - Health Promotion Bureau (HPB), copy
15 
furnishing the FDA-CFRR, detailing all expenditures relating to the marketing of
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prepackaged food required to have a warning label under Section 7 of this Act The
17 
DOH-HPB shall prescribe the manner and form of such report and shall provide
18 
sanctions for non-compliance.
19
20 
ARTICLE VI
21 
IMPLEMENTATION
22
23 
Sec. 15. Lead agency. - The DOH shall oversee and ensure the implementation
24 
of the provisions of this Act in coordination with the agencies that shall comprise the
25 
inter-agency task force in Section 17 of this Act, and shall have the power to issue
26 
other policies, rules, regulations, and standards for such implementation. In line with
27 
this mandate, the DOH shall convene and lead the inter-agency task force in Section
28 
17 for the implementation of this Act.
29 
Sec. 16. Nationai Task Force for a Heaithy Food Marketing Environment. - To
30 
ensure inter-agency coherence and consistency in the implementation of Articles III
31 
and IV of this Act, a National Task Force (NTF) for a Healthy Food Marketing
32 
Environment is hereby created.
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Chairperson
Vice Chairperson
Vice Chairperson
Member
Member
Member
Member
Member
Member
a. 
The NTF shall be composed of the following persons and/or heads of the 
following offices, to wit:
DOH 
FDA 
CWC
Department of Education (DepEd)
Department of Trade and Industry 
Department of the Interior and Locai Government 
Land Transportation Franchising and Regulatory Board 
Early Childhood Care and Development (ECCD) Council 
National Council for Children's Television 
The Department Secretaries or Chairpersons may designate permanent and alternate 
authorized representatives to the NTF.
b. 
The NTF shall:
I. Coordinate and align programs, strategies, and activities to enforce 
the provisions of this Act, as applicable;
ii. 
Monitor and evaluate implementation of this Act;
iii. 
Develop and regularly implement a nationwide social and behavior 
change communication (SBCC) campaign to promote the consumption 
of healthy food and beverages, increase health and nutrition literacy 
among Filipinos, emphasize the risks of overconsuming foods that are 
high in fats, sodium, and sugar, and discourage the consumption of 
prepackaged food required to have a warning label; and
iv. 
Develop and implement programs and activities to build the capacity 
of the NTF members to fuifil their mandates and functions under this 
Act.
c. 
The NTF may, as necessary, coordinate and collaborate with other 
government agencies, civil society and non-government organizations, and 
individual experts that have relevant mandates and/or expertise that may 
be useful to accomplish its functions under this Act, provided, that Sections 
23 and 24 of this Act are strictiy compiied with.
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Sec. 17. Powers and functions of the members of the National Task Force for a 
Health Food Marketing Environment
a. The DOH shall:
i. 
Regularly convene the NTF as chairperson and coordinate with its 
members to develop and implement strategies and activities to 
enforce the provisions of this Act;
ii. 
Regularly publish a schedule of forms, methods, and means of 
marketing that are considered child-directed marketing as defined 
under this Act, and other similar and analogous appeals to child- 
directed marketing techniques;
iii. 
Coordinate with the FDA, ECCD, DTI-CFRR, and LGUs, as applicable, 
to enforce the marketing prohibitions in and within 250 meters from 
any point of the perimeter of child-centered settings under Section 
13(a) of this Act;
Identify other child-centered settings as defined under this Act, in 
coordination with the Department of Education and ECCD Council; 
Develop guidelines to enforce the prohibitions under Section 13(a) of 
this Act, in coordination with the FDA and CWC;
Develop and implement programs, strategies, and activities to 
promote healthy food and beverages, in coordination with the DILG 
for local implementation under Section 19 of this Act and with the 
DepEd for implementation within schools;
Implement SBCC strategies and activities to promote the consumption 
of healthy food and beverages among Filipinos pursuant to Section 
17(b)(iii) of this Act;
i. Oversee the development of programs and activities to build the 
capacity of the NTF members to fulfil their mandates and functions 
under this Act in accordance with Section, in coordination with the 
NTF members and other relevant stakeholders;
b. The FDA, through the Center for Food Regulation and Research shall: 
viii. Assist the DOH in convening the NTF, as vice chairperson;
IV.
V.
VI.
VII.
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ix. Enforce the prohibitions reiating to warning iabels under Section 7, 8, 
and 9 of this Act;
X. Develop guidelines to prescribe procedures and requirements for 
record-keeping of food and beverage manufacturers to comply with 
this Act;
xi. 
Enforce compliance with Sections 7, 8, 9, and 12 of this Act;
xii. 
Coordinate with the DOH to develop guidelines to enforce the 
prohibitions under Section 13(a) of this Act;
xiii. 
Implement SBCC strategies and activities to promote the consumption 
of healthy food and beverages among Filipinos pursuant to Section 
17(b)(iii) of this Act;
c. The CWC shall:
xiv. 
Assist the DOH in convening the NTF, as vice chairperson;
XV. Coordinate with the DOH to develop guidelines to enforce the 
prohibitions under Section 13(a) of this Act;
xvi. 
Implement SBCC strategies and activities to promote the consumption 
of healthy food and beverages among Filipinos pursuant to Section 
17(b)(iii) of this Act, especially for children;
d. The DepEd shall:
xvii. 
Coordinate with schools and local government units to enforce the 
marketing prohibitions in and within 250 meters from any point of the 
perimeter of child-centered settings under Section 13(a) of this Act;
xviii. Implement SBCC strategies and activities to promote the consumption 
of healthy food and beverages among Filipinos pursuant to Section 
17(b)(iii) of this Act, within schools, such as but not limited to 
developing curriculum materials on food marketing to children, as part 
of the media and information literacy subject, and nutritional 
warnings.
e. The DTI shall:
xix. Enforce prohibitions against child-directed marketing through 
sponsorship under Section 12(b) of this Act, provided that when the 
violation occurs in and within 250 meters from any point of the
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XX.
XXI.
XXII.
perimeter of child-centered settings, Section 13 shall apply and be 
enforced by the FDA, ECCD, and LGUs, as applicable;
Enforce the marketing prohibitions for retail environments under 
Section 12 (a)(ii) of this Act;
Enforce the marketing prohibitions for digital and e-commerce 
platforms under Section 12(a)(iv) of this Act;
Enforce the marketing prohibitions for broadcast radio under Section 
13(c) of this Act;
xxiii. Support LGUs to enact and implement ordinances or executive orders 
under Section 19 of this Act.
f. The DILG shall:
xxiv. Support LGUs to enact and implement ordinances or executive orders 
under Section 19 of this Act;
g. The LTFRB shall:
XXV. Enforce prohibitions against child-directed marketing under Section 
12(a)(iii) of this Act in public utility vehicles;
h. The ECCD Council shall:
xxvi. Enforce the marketing prohibitions in and within 250 meters from any 
point of the perimeter of child-centered settings under Section 13(a) 
of this Act, in coordination with the DOH;
xxvii. Coordinate with the DOFI for the identification of other child-centered 
settings as defined under this Act; and
i. The NCCT shall:
xxviii. Enforce the marketing prohibitions for broadcast television under 
Section 13(b) of this Act.
Sec. 18. Local implementation.
a. LGUs, through appropriate issuances such as ordinances or executive 
orders, shall establish mechanisms to enforce the provisions under Sections 
7, 8, 9, 12, and 13(a) of this Act, as applicable, within their jurisdictions 
and shall impose penalties for violations thereof. For this purpose, local 
health boards (LFIBs) and local councils for the protection of children
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(LCPCs) shall regularly monitor the compliance of LGUs with the provisions 
of this Act.
b. 
All LGUs are enjoined to form Local Task Forces for Healthy Food Marketing 
Environment to implement the provisions of this Act, and shali mobiiize iocal 
iaw enforcement to apprehend violators of this Act and to institute the 
appropriate criminal proceedings therefor. Such task forces shall be led by 
a local office with expertise on childhood nutrition and/or health promotion, 
and shall include youth and civil society representation, which 
representation shall strictly comply with Sections 23 and 24 of this Act. The 
LTF shall submit reports to the NTF of any prohibited marketing herein 
denied, removed, disabled, or acted upon, as well as complaints received 
from individuals or organizations, annually beginning from the 
implementation of the prohibitions of this Act.
c. 
LGUs may mobilize the Special Health Fund under Republic Act No. 11223 
or the Universal Healthcare Act, among other resources available, to 
implement local projects, programs, and activities consistent with this Act.
Sec. 19. Role of the Ad Standards Council and other entities.
a. 
The Ad Standards Council (ASC) shall revise its standards, guidelines, codes 
of ethics, and other rules and regulations in compliance with the provisions 
of this Act, no later than one (1) year from its effectivity.
b. 
Without prejudice to other provisions of this Act, all entities involved in the 
marketing chain, whether analog or digital, including digital media or e- 
commerce platforms shall:
i. 
Monitor and remove or disable any prohibited marketing upon notice 
by the NTF that a violation of this Act may have occurred;
ii. 
Establish an effective process and mechanism to receive and act on 
complaints from individuals and organizations for violations of this Act 
as may be required by NTF, and report to the NTF actions taken on 
said complaints; and
iii. 
Preserve relevant documents, websites, webpages, upon request of 
the NTF.
17


1 
Sec. 20. Inspection powers and record keeping. - The FDA through its
2 
registered agents shall have the power to inspect the premises and records of
3 
manufacturers and distributors to determine compliance with the provisions of
4 
Sections 7, 8, 9, or 12 of this Act. The FDA shall develop guidelines to prescribe
5 
procedures and requirements for record-keeping.
6 
Sec. 21. Compliance by micro, small, and medium enterprises (MSMEs). - The
7 
DTI, in coordination with other relevant government agencies and stakeholders, shall
8 
develop and implement programs to assist micro, small, and medium-sized food
9 
business operators of prepackaged food covered by this Act.
10 
Sec. 22. Policy against industry interference. - Government, including
11 
institutions and instrumentalities of the State at the national and sub-national levels
12 
and to persons working in government or engaged by government to work on its
13 
behalf, shall ensure that policy setting and implementation of laws that ultimately aim
14 
to promote the right to health of all Filipinos, especially children, are protected from
15 
the commercial and other vested interests of the food and beverage industry.
16 
Sec. 23. Declaration against conflict of interest. - All representatives of
17 
government agencies and organizations, including civil society, non-government,
18 
grassroots, and international organizations, that take any part, directly or indirectly,
19 
in the setting and implementing of policies and measures that are part of the strategic
20 
framework of measures to reduce overweight and obesity shall be required to fully
21 
accomplish a signed declaration under oath prepared by the DOFI that states, among
22 
others, that they are not affiliated with the food and beverage industry, and that they
23 
do not act on such industry's behalf or interests. The signed and notarized copy of
24 
such declarations shall be made available to the public primarily via the DOH website
25 
and other means to readily access such information.
26 
Sec. 24. Multisectoral coordination and civil society participation for
27 
enforcement, monitoring and surveillance.
28 
a. The State recognizes the role of civil society organizations and the private
29 
sector in promoting public health. The NTF members in Section 17 herein
30 
may engage civil society organizations and the private sector, as long as
31 
they are not affiliated or related with the food and beverage industry and
32 
have signed a declaration against conflict of interest described in Section
18


1 
24, to provide technical assistance in implementing and monitoring the
2 
provisions of this Act. The DOH shall develop and implement programs to
3 
enable citizen participation in compliance with this Act.
4 
b. Any citizen or civil society, non-government, and grassroots organization is
5 
hereby authorized to file an appropriate civil, criminal, or administrative
6 
action in the proper courts or administrative body against any public officer
7 
who willfully or grossly neglects the performance of a responsibility
8 
specifically enjoined by this Act and its implementing rules and regulations,
9 
or against any member of the food and beverage industry, including persons
10 
working on their behalf, who violates any provision of this Act and its
11 
implementing rules and regulations. The court shall exempt such action
12 
from the payment of filing fees and shall exempt the plaintiff from the filing
13 
of an injunction bond for the issuance of preliminary injunction. In the event
14 
that the plaintiff shall prevail, the court shall award reasonable attorney's
15 
fees, moral damages, and litigation costs as appropriate. The
16 
administrative, civil, and criminal actions allowed under this paragraph shall
17 
be cumulative and shall not preclude any other person from filing a similar
18 
action.
19 
c. The DOH shall develop and publicize mechanisms for filing anonymous
20 
complaints, including the provision of hotlines and whistleblower
21 
complaints, to encourage citizen participation in the compliance monitoring
22 
and surveillance of this Act.
23 
Sec. 25. International cooperation and provision on technical and financial
24 
assistance.
25 
a. The State recognizes that international and regional cooperation is an
26 
important component of regulating cross-border marketing of prepackaged
27 
food required to have a warning label.
28 
b. For this purpose, NTF members may seek and receive technical and/or
29 
financial assistance from international organizations, except those that
30 
belong to or are affiliated with the food and beverage industry as defined
31 
herein, for the purpose of implementing the provisions or pursuing the
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objectives of this Act, subject to existing laws, rules, and regulations, 
provided that, Sections 23 and 24 of this Act are strictly complied with.
ARTICLE VII 
PENALTIES
Sec. 26. Penalties. The following penalties shall be imposed for each violation 
of the prohibitions in this Act:
a. For violations of Sections 7, 8, 9, 12, and 13 of this Act, the following 
penalties shall be imposed:
Offender
First (1st) 
offense
Second (2nd) 
offense
Third (3rd) 
offense
Large enterprise
Fine of not less Fine of not less 
than five hundred than one million 
thousand pesos pesos 
(Php 500,000) but (Phpl,000,000) but 
not more than one not more than five 
million pesos (Php million pesos (Php 
1,000,000) 
5,000,000)
Fine of not less 
than five million 
pesos
(Php5,000,000) 
but not more than 
ten million pesos 
(Php 10,000,000)
MSMEs or any other 
Fine of not less Fine of not less Fine 
of not less
enterprise not 
than five thousand than ten thousand than 
twenty
considered as a 
pesos (Php 5,000) pesos (Php 10,000) thousand pesos
large enterprise by 
but not more than but not more than (Php 20,000) but
the DTI 
ten thousand twenty thousand not more than fifty
pesos (Php 10,000) pesos (Php 20,000) thousand pesos
(Php 50,000) for 
the third offense.
20


Natural person
Fine of not more Fine of not less Fine of not less
than five thousand than five thousand than ten thousand
pesos (P5,000) pesos (Php 50,000) pesos (Php
but not more than 10,000) but not
ten thousand pesos more than twenty
(Php 10,000) 
thousand pesos
(Php 10,000) or 
imprisonment of 
not more than one 
(1) year, or both, 
at the discretion of 
the court
1
2 
b. An additional fine of one percent (1%) of the economic value or cost of the
3 
violative product or one thousand pesos (PI,000), whichever is higher, shall
4 
be imposed for each day of the continuing violation.
5 
c. The penalties imposed in this Section shall be without prejudice to other
6 
remedies or penalties and sanctions that are available or may be imposed by
7 
law.
8 
d. No person shall be subject to the penalties under this Section for having sold,
9 
offered for sale, or transferred prepackaged food that are not compliant with
10 
the provisions of Sections 7, 8, or 9, if such sale, distribution or transfer, was
11 
made in good faith. A sale, distribution, or transfer is presumed to be made in
12 
good faith if the seller or distributor has obtained, in writing, a guaranty from
13 
the person or food business operator from whom the prepackaged food were
14 
obtained, that said prepackaged food are not covered by the requirements
15 
under Sections 7 and 8 of this Act.
16 
Sec. 27. Other corrective actions. - In addition to the fines and penalties in
17 
Section 26, the following corrective actions, if not initiated by the offenders
18 
themselves, shall be imposed by the appropriate authorities to the offenders;
19 
g. Seizure and condemnation, destruction, recall, and/or appropriate
20 
disposition of prepackaged food that are considered misbranded under
21


1 
Section 10 of this Act, or items that constitute prohibited marketing under
2 
Sections 12 or 13 of this Act;
3 
h. Issuance of take-down orders against prohibited advertising, promotions,
4 
and sponsorship content under Sections 12 or 13 of this Act;
5 
i. Suspension, revocation, or cancellation of applicable licenses, registrations,
6 
and permits to operate for business establishments and operators or drivers
7 
of public utility vehicles;
8 
j. 
Disapproval of an application for the issuance or renewal of a Certificate of
9 
Product Registration (CPR) by the FDA, including suspension, revocation,
10 
or cancellation of an existing CPR, for prepackaged food that are considered
11 
misbranded under Section 10 of this Act;
12 
k. Closure of the establishment by LCDs having jurisdiction over premises
13 
where a violation of this Act has been committed.
14 
Sec. 28. Liability of juridical and other persons. -
15 
I. 
Should a violation of this Act be committed by a juridical person, the Chair
16 
of the Board, the President, the General Manager, or the partners and/or
17 
the persons directly responsible therefor shall be penalized.
18 
m. If the offender is an alien, they shall be deported after service of sentence
19 
and/or payment of fine without further deportation proceedings and shall
20 
be permanently barred from re-entering the Philippines.
21 
n. In case a violation is committed by, or in the interest of, a foreign juridical
22 
person duly licensed to engage in business in the Philippines, such license
23 
to engage in business in the Philippines shall be immediately revoked.
24 
Sec. 29. Liability of government officials and employees. - Public officials and
25 
employees who violate Section 23 or 24 of this Act, or who deliberately or knowingly
26 
fail to fulfill their responsibilities under this Act, shall be subject to administrative
27 
disciplinary action pursuant to relevant laws, rules, and regulations.
28
29 
ARTICLE VIII
30 
FINAL PROVISIONS
31
22


1 
Sec. 30. Healthy Food Marketing Environment Trust Fund. - A Healthy Food
2 
Marketing Environment Trust Fund is hereby created. All fines collected pursuant to
3 
the enforcement of this Act shall be used exclusively for its implementation and to
4 
fund other measures to promote a healthy food marketing environment. The DOH
5 
shall be responsible for the management and control of the Trust Fund.
6 
Sec. 31. Compliance monitoring. - Not later than three (3) years after the date
7 
of the effectivity of this Act, and annually thereafter, the DOH shall submit to the
8 
President of the Philippines and to both Houses of Congress a monitoring report on
9 
the compliance of the food and beverage industry with this Act and all related laws,
10 
rules, regulations, and ordinances. All reports required under this Act shall be made
11 
available to the public primarily via the DOH website and other means to readily access
12 
such information.
13 
The DOH is hereby authorized to report to Congress any instance of delay or non-
14 
compliance by the national agencies and LGUs herein of the timelines in implementing
15 
this Act. The DOH is also authorized to demand accountability from such agencies or
16 
LGUs for failure to fulfill its duties under this Act, without prejudice to other remedies
17 
or penalties and sanctions that are available or may be imposed by law for such delay
18 
or non-compliance.
19 
Sec. 32. Impact assessment -The DOH shall conduct an impact assessment
20 
every three (3) years to evaluate the effectiveness of the enforcement of this Act,
21 
health, behavioral, and social outcomes, and other matters relevant to implementation
22 
of this Act. The DOH shall include in its budget the conduct of the assessment.
23 
Sec. 33. Implementing rules and regulations (IRR). -The DOH, in consultation
24 
with the members of the NTF in Section 17, shall promulgate such rules and
25 
regulations necessary for the effective implementation of this Act within six (6) months
26 
from the date of publication of this Act. The IRR shall cover, among others, the phases
27 
of implementation, provided that, non-issuance of the IRR shall not prevent the
28 
implementing agencies from enforcing this Act upon its effectivity.
29 
Sec. 34. Transitory provision. - Existing industries, businesses, manufacturers,
30 
distributors, and other stakeholders affected by the implementation of this Act shall
31 
be given six (6) months from the effectivity of this Act to comply with its requirements.
23


1 
Sec. 35. Appropriations. The amount necessary to implement the provisions of
2 
this Act shall be charged against the current year's appropriations of the concerned
3 
national government agencies. Thereafter, such funds as may be necessary for the
4 
continued implementation of this Act shall be included in the budgets of the concerned
5 
national government agencies under the annual General Appropriations Act.
6 
Sec. 36. Repeaiing ciause. All laws, decrees, ordinances, administrative orders,
7 
rules and regulations, or any part thereof, which are inconsistent with this Act are
8 
repealed or amended accordingly.
9 
Sec. 37. Separabiiity ciause. Should any provision of this Act be subsequently
10 
declared unconstitutional, the other provisions not so declared shall remain in full force
11 
and effect.
12 
Sec. 38. Effectivity. This Act shali take effect fifteen (15) days after its
13 
publication in the Official Gazette and at least two (2) newspapers of national
14 
circulation.
Approved,
24