Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL No. 960

Introduced by Representative Jaime R. Fresnedi

EXPLANATORY NOTE

This bill seeks 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. The root causes of diet-related non-communicable diseases (NCDs) and childhood
obesity may be addressed by directly targeting the environmental factors that influence unhealthy
eating behaviors. This proposed legislation seeks to shift public behavior and industry practices
toward healthier choices by regulating the marketing of unhealthy food, particularly to children,
and ensuring that consumers are provided with clear, understandable nutritional information. It is
hoped that the enactment of this bill into law will reduce the prevalence of obesity and diet-related
diseases like diabetes, heart disease, and hypertension but also fosters a long-term cultural change
in how food is marketed and consumed in the Philippines. This proactive approach will help
prevent these health issues from continuing to escalate, thereby improving the overall health and
well-being of future generations.

‘The 1987 Constitution of the Philippines recognizes the fundamental right to health and the
State's obligation to protect and promote the well-being of its citizens. Section 15, Article Il
declares that “the State shall protect and promote the right to health of the people and instill heath
consciousness among them.” Additionally, Section 12, Article XIII states that “the State shall
adopt an integrated and comprehensive approach to health development.” This bill upholds these
constitutional principles by taking concrete steps to reduce consumption of unhealthy food by
directly tackling the environmental factors contributing to poor dietary habits and unhealthy food
marketing, which disproportionately affect children and families.

Despite these guarantees from the Constitution, the rates of childhood obesity and diet-
related diseases continue to increase in the country. Filipino children are constantly exposed to
marketing tactics promoting food that are high in sugar, saturated fats, sodium, and calories,
contributing to unhealthy eating habits. From 2019 to 2022, the prevalence of overweight and
obesity among children aged 5 to 10 years old has significantly increased from 10.4% to 14%, and
among adolescents aged 10 to 19 years old, it increased from 10.7% to 13%'. These troubling
trends not only jeopardize children’s physical health but also hinder their academic performance”,

ing children (https //wwew unicel ora/philppines/p i releases/phulgane-food en. anment
taling: children text=Among3s20chldren%20aged%205%20%0,2019% 2010%2013%25%20i0%. 2022.)

2 angela. Anderson, Deborah J. Good, increased body weight affects academic performance in university students, Preventive Medicine
Reports, Volume, 2017, Pages 220-223, ISSN 2231-3855, hn) //dovorg/10.10 6/1 pmed 2° 482 020.
{nttps:/ www sciencedlrect.com/science/article/pi/S2211335516301723)


self-esteem, and overall quality of life. The core objective of this bill is not merely to combat
obesity or non-communicable diseases, but to transform the broader food marketing environment.
By ensuring that unhealthy food products are clearly labeled and their marketing to children is
strictly regulated, this bill creates a framework in which healthier food options can thrive. This, in
tur, will naturally lead to a decline in diet-related diseases as a secondary benefit.

The experience of other countries, such as Chile, which implemented a similar law in 2016,
has shown the effectiveness of front-of-package warming labels and marketing restrictions in
improving public health. After Chile's policy change, there were substantial reductions in the
consumption of products with high levels of sugar, calories, and sodium. Additionally. many
companies reformulated their products to avoid warning labels, leading to improved nutritional
profiles across various food categories.” Furthermore, international studies have shown that
mandatory front-of-package warning labels are more effective in encouraging healthier consumer
choices and prompting industry reformulation compared to voluntary approaches. Clear and
interpretative labels help consumers quickly identify unhealthy produets and make more informed
choice, which is especially important for families and children who may not fully understand
standard nutritional information.‘

‘The implementation of such regulations in Chile did not have @ negative impact on the
economy. In fact, studies found no significant changes in employment, real wages, or company
profits in the food sector, despite a decline in sales of unhealthy food. This evidence underscores
that the health benefits of such measures far outweigh any potential economic concerns, The
Philippines, as a signatory to international agreements like the International Covenant on
Economic, Social, and Cultural Rights (ICESCR), has an obligation to promote the highest
attainable standard of health. This bill is fully aligned with those international commitments, as it
‘aims to reduce the consumption of food linked to non-communicable diseases and foster a healthier
food environment for all Filipinos.

‘The Healthy Food Marketing Environment Act is a practical measure which is essential
towards creating a sustainable and health-conscious food environment in the Philippines. By
setting standards for food labeling and marketing practices, this bill empowers consumers to make
informed choices and encourages the food industry to offer healthier products.

In view of the foregoing, the immediate passage of this bill is earnestly sought.

JAIMI SNEDI
Represthtative
Lone District, Muntinlupa City

‘para G. Montes de Oca, D.; Wlasiuk, LM, Canales, M. Popkin, 8M. Fron-of-Pack Labeling n Chile: Effects on Employment, Real Wages,
and Fins: profs after Three Years ofits Implementation. Nutrients 2022, 14, 295. itp» (/s amdp.comy 2072 6043/14/21.

a Ganderats Fuentes, M.; Morgan, S.Front-f-Package Nutrition Labeling and Its Impact on Food Industry Practices: A Systematic Review of
y://vrwm md com/2072-6643/15/ 11/2630

the Evidence. Nutrients 2023, 15, 2630.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 560

Introduced by Representative Jaime R. Fresnedi

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:

ARTICLE I
GENERAL PROVISIONS

Section 1. Title. — This Act shall be known as the “Healthy Food Marketing Environment
Act.”

SEC. 2. Declaration of Policy. — It is the policy of the State to protect and promote the
tight to health of all Filipinos and instill health consciousness among them. It is likewise the
policy of the State to protect and promote the right of every child to the enjoyment of the
highest attainable standard of health and to defend their right to proper care and nutrition, which
includes the right to healthy environments.

The State recognizes the need to enable all Filipinos to make informed food choices and
avoid food and beverages that are harmful to one’s health in line with its policy to protect
consumers from trade malpractices and substandard or hazardous food products.

The State also recognizes the urgent need to protect children from obesogenic food
environments that promote the sale and marketing of unhealthy food and beverages, such as
foods high in saturated and trans fat, sodium, and sugar.

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 calories, fat, sodium,
and sugar in excess of the prescribed maximum thresholds; and


b) Regulate the power of, and reduce the exposure of children to, marketing of
food and beverages containing calories, fat, sodium and sugar in excess of the prescribed
maximum thresholds

SEC. 4. Definition of Terms. ~ As used in this Act:

a) Breastmilk substitutes refer to any food being marketed or otherwise
Tepresented as a partial or total replacement for breastmilk, whether or not suitable for
that purpose;!

b) 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 eighteen (18) years old;

d) 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 refer 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 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;

g) 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;

h) Distributor refers to any person to whom a pre-packaged food product is
delivered or sold for purposes of distribution in commerce. Distributors include
importers, exporters, traders, or wholesalers;

i) Educational establishment refers to any establishment, including but not limited
to schools, learning institutions, play schools, sports camps, youth development facilities,

* National Code of Marketing of Breastmilk Substitutes, Breastmik Supplements and Other Related Products, Executive Order No. 51, § 4a)

(1986),


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;

i) Food and beverages mean food and food products as defined by Republic Act
No. 9711 or the “Food and Drug Administration (FDA) Act of 2009" (RA 9711):
Provided, That any reference to “food” in this Act means “food and beverages”;

k) Food and beverage industry means manufacturers, wholesale distributors, and
importers of pre-packaged food required to have a warning label defined in this Act;

1) Front-of-package warning label (FOPWL) refers to the supplementary nutrition
information on the main face of the packaging of pre-packaged food to inform consumers
when a product contains excessive amounts of nutrients of concern;2

m) Importer means the consignee or the Philippine agent or representative of a
foreign owner or consignee of raw materials, ingredients, and/or finished pre-packaged
food at the time of such entry of such article in the Philippines;

n) Health claim means any representation or combination of representations that
creates an impression that a product is beneficial for health and well-being.

0) 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;

p) Manufacturer means a person who makes, mixes, cooks, packs, combines
packaging or modifies packaging of pre-packaged food required to have a warming label
under this Act. This shall include any person who attaches one's own brand name to a
pre-packaged 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;>

1) 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;

8) 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
(OT);

t) Nutrient refers 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

WHO, GUIDING PRINCIPLES AND FRAMEWORK MANUAL FOR FRONT-OF-PACK LABSLUNG FOR
ALIMENTARUS (INTERNATIONA, FOOD STANDARDS) 11 CXG 2-1985 (2021); PAHO, FRONT
[NONCOMMUNICABLE DISEASES INTHE AMERICAS) 9 (2020).

* ASEAN and UNICEF (2022), [RAFT] Minimum stondards and guidelines on actions to protect children from the hormful impact of marketing
of food and non-olcahalic Beverages in the ASEAN region.

IMOTING HEALTHY DIET 11 (2019}; FAOB WHO, Cooex
PACKAGE ASELING (ASA POLICY TOCL FOR THE PREVENTION OF



growth, development, and maintenance of health and life; and/or (3) the absence of which
will cause characteristic chemical or physiological changes to occur;

u) Nutrient Profile Model refers to a tool used to classify or rank pre-packaged or
processed food according to their nutritional composition for reasons related to the
prevention of disease and the promotion of health;

v) 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;*

w) 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;°

x) Point-of-sale refers to a kiosk, counter, cashier, or any specific, definite, and
limited area, where an individual can purchase or otherwise obtain pre-packaged food;

y) Pre-packaged food product refers to processed food products prepared in
advance and placed in a container, labelled and ready for sale or distribution. or for
catering purposes;

2) Processed food product refers to products resulting from the application of
physical, chemical, or biological processes to a “primary food commodity” intended for
direct sale to the consumer, for direct use as an ingredient in the manufacture of food or
for further processing;

aa) 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;

bb) Public space means a place accessible to the general public or a place for
collective use, regardless of ownership or right to access;

cc) 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;

dd) 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

‘Norma Oficial Mexicana 051/2020 [NOM 051/2020], Art, 3.38 2020) (Mexico)
"Food and Agriculture Organization of the United Nations & World Health Organization, Codex Alimentarius: International Food Standards,
Guidelines on Nutrition Labeling as of 2022.


(13-21 carbons) and very long chain (contains 22 and more carbons) according to the
carbon chain length;

ce) 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);

ff) 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;

gg) Sugar refers to sucrose, fructose, or glucose obtained from the industrial
processing of sugar cane, sugar beet, hard yellow com, and their mixtures, among others,
in the form ofa crystallized solid product or syrup used as an ingredient in food products;

hh) 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;

ii) 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 such as cows, goats, carabaos, lambs, deer and such similar animals 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 shalll 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
(LGUs) under the general welfare clause of R.A. No. 7160 or the Local Government Code.

ARTICLE IL.
FRONT-OF-PACKAGE WARNING LABELS

SEC. 6. Mandatory Front-of-Package Warning Labels. - No person shall sell,
manufacture, import, export, or distribute pre-packaged 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 8 of this Act.

' ASEAN and UNICEF (2022), [DRAFT] Minimum standords and guidelines on actions to protect children from the hormful impact of marketing
of food and non-clcoholic beverages in the ASEAN region.


SEC. 7. Form, Size, Placement, and Characteristics of the Warning Label.
prescribed by the FDA, the packaging shall display a waming label when the final composition
of the pre-packaged food product contains critical nutrients or calories in excess of the
maximum values under Section 8 of this Act. In accordance with the following guidelines, the
packaging shall include:

a) One (1) warning label for each nutrient of concer in excess of prescribed
values, namely:

“HIGH IN SUGAR”;

“HIGH IN SODIUM”;

“HIGH IN SATURATED FAT”;
“HIGH IN TOTAL FAT”;

b) the following waming label if the product’s calories is in excess of the
prescribed values:

« “HIGH IN CALORIES”;
¢) the following warning label if the product contains sweeteners:

* “CONTAINS SWEETENERS, NOT RECOMMENDED FOR
CHILDREN”;

4d) a warning label and shall have the form of black octagons with a white edge and
capital letters;

) a warning label on which the size is not less than five percent (5%) of the total
area of the main face of the packaging;

Warning labels shall:

a) 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;

b) 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;

c) Be placed adjacent to each other on the product’s main face if the food or
beverage has more than one (1) warming label;

d) Be included in the outer packaging, as well as each individual package inside
for packages with multiple products.


The provisions established in this Section are applied in addition to the existing rules and
regulations governing the labeling of pre-packaged 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. Maximum Values of Nutrients of Concern for Pre-packaged 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 pre-packaged food. Pending the development of a local NPM, the Pan American
Health Organization NPM shall be used as the basis for such maximum values.

SEC. 9. Prohibition against Misleading Claims and Child-Directed Marketing in the
Packaging. ~ It is absolutely prohibited for all pre-packaged food required to have a warning
label under Section 6 and 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;

c) Any other health and nutrition claim; and

d) Any advertisement or promotional feature that qualifies as child-directed
marketing as defined in this Act.

SEC. 10. Misbranding. — A violation under Sections 6, 7, or 9 of this Act shall render the
product misbranded under RA 9711. Pursuant to Section 11 of Republic Act No. 3720 or the
“Food, Drug, and Cosmetic Act” (RA 3720), as amended by Republic Act No. 9711 (RA
9711), the following acts are prohibited:

a) 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;

b) The adulteration or misbranding of any food.

SEC. 11. Prohibition against Concealment or Obstruction of Warning Labels. ~ Pre-
packaged food products required to have a warning label under Section 6 and 7 shall be
displayed with the warning labels in full view for the consumers in retail stores. The
concealment or obstruction of the warning labels in retail stores, whether partial or whole, is
prohibited.

Any concealment or obstruction of view of warning labels herein shall be considered as
a deceptive act or practice under Republic Act No. 7394 or the “Consumer Act of the
Philippines” (RA 7394) and is considered a prohibited act therein.

* Department of Health, Revised Rules and Regulations Governing the Labeling of Prepackaged Food Products Further Amending Certain
Provisions of Administrative Oder No. 88-8 . 1984 or the “Rules and Regulations Governing the Labeling of Prepackaged Food Products
Distributed in the Philppines,” and For Other Purposes (2018),


SEC. 12, Exemptions. ~ Pre-packaged 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 (the Philippine Milk Code), its
implementing rules and regulations and other pertinent regulations.

ARTICLE Ill
RESTRICTIONS ON THE MARKETING OF PRE-PACKAGED FOOD PRODUCTS,
REQUIRED TO HAVE A WARNING LABEL

SEC. 13. Minimizing the Power of Child-Directed Marketing. —Itis 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 pre-packaged food
required to have a warning label under Section 6 of this Act. This prohibition includes, but is
not limited to, such child-directed marketing in the following settings:

a) Outdoor environments (such as billboards);

b) Retail environments (such as vending machines and in points-of-sale),
especially child-directed marketing within the direct line of sight of children in grocerics,
supermarkets, and retail stores engaged in the sale of pre-packaged food products in
small-scale and commercial quantities;

©) Public spaces (such as public transportation terminals and utility vehicles); and

4) Digital media and e-commerce platforms, such as, but not limited to, social
media platforms and mobile application platforms.

All persons who sell, manufacture, distribute, or import pre-packaged food that are
required to have a warning label herein are likewise prohibited from 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.

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. 14, Reducing Exposure of Children to the Marketing of Pre-packaged Food
Products required to have a Warning Label, — It is absolutely prohibited to market pre-
packaged food products required to have a warning label under Section 6 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

©) Between 6:00 a.m. to 10:00 p.m. for all programs and commercials broadcast
on radio.

SEC. 15. When Communication is not considered Marketing, - The following exhaustive
list of communications and actions shall not be considered marketing of pre-packaged food
products required to have a warning label under Section 6 of this Act even if likely to have an
incidental promotional effect: Provided, That they are reported to the DOH as required under
Section 16 of this Act:

a) Display of brand name, product name, and/or manufacturer's name on pre-
packaged 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;

c) Legitimate journalistic, artistic, or academic expression of food and beverage
content and genuine social or political commentary, authored or created by named
individuals engaged in journalism, art, or the academe, for which no payment or any
other consideration is made by the food and beverage industry;

d) Product information provided to entities within the food and beverage industry
trade, with access only to persons/entities who need the information; and

¢) Manufacturers and distributors’ newsletters destined for distribution within the
food and beverage industry and related business partners.

SEC. 16. Promoting Transparency in Food and Beverage Marketing. — Within two (2)
years from the date of effectivity of this Act, large enterprises as defined by the DT! in the food
and beverage industry shall submit an annual report to the DOH ~ Health Promotion Bureau
(HPB), copy furnishing the FDA-CFRR, detailing all expenditures relating to the marketing
of pre-packaged food products required to have a warning label under Section 6 of this Act The
DOH-HPB shall prescribe the manner and form of such report and shall provide sanctions for
non-compliance.

ARTICLE IV.
IMPLEMENTATION

SEC. 17. Lead Agency. - The DOH shall oversee and ensure the implementation of the
provisions of this Act in coordination with the agencies that shall comprise the inter-agency
task force in Section 18 of this Act, and shall have the power to issue other policies, rules,
regulations, and standards for such implementation. In line with this mandate, the DOH shall
convene and lead the inter-agency task force in Section 18 for the implementation of this Act.

SEC. 18, National Task Force for a Healthy Food Marketing Environment, ~ To ensure
inter-agency coherence and consistency in the implementation of Articles I! and II of this Act,


a National Task Force (NTF) for a Healthy Food Marketing Environment is hereby created.
‘The NTF shall be composed of the following persons and/or heads of the following offices, to
wit:

DOH Chairperson
FDA Vice Chairperson
cwe Vice Chairperson
Department of Education (DepEd) Member

DTI Member
Department of the Interior and Local Government Member

Land Transportation Franchising and Regulatory Board Member
Early Childhood Care and Development (ECCD) CouncilMember
National Council for Children's Television Member

The Department Secretaries or Chairpersons may designate permanent and alternate
authorized representatives to the NTF. The NTF shall:

a) Coordinate and align programs, strategies, and activities to enforce the
provisions of this Act, as applicable;

b) Monitor and evaluate implementation of this Act;

¢) 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 pre-packaged food required to have a warning label; and

d) Develop and implement programs and activities to build the capacity of the NTF
members to fulfil their mandates and functions under this Act.

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 24 and 25 of this Act are strictly complied with.

SEC. 19. 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 14(a) of this Act;

iv. Identify other child-centered settings as defined under this Act, in
coordination with the Department of Education and ECCD Council;

v. Develop guidelines to enforce the prohibitions under Section 14(a) of this
Act, in coordination with the FDA and CWC;

vi. Develop and implement programs, strategies, and activities to promote
healthy food and beverages, in coordination with the DILG for local
implementation under Section 20 of this Act and with the DepEd for
implementation within schools;

vii. Implement SBCC strategies and activities to promote the consumption of
healthy food and beverages among Filipinos pursuant to Section 18(b)(iii) of this
Act; and

viii. 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 (CFRR) shall:
i, Assist the DOH in convening the NTF, as vice chairperson;

ii. Enforce the prohibitions relating to warning labels under Section 6, 7, and
9 of this Act;

iii, Develop guidelines to prescribe procedures and requirements for record-
keeping of food and beverage manufacturers to comply with this Act;

iv. Enforce compliance with Sections 6, 7, 9, and 13 of this Act;

v. Coordinate with the DOH to develop guidelines to enforce the prohibitions
under Section 14(a) of this Act; and

vi. Implement SBCC strategies and activities to promote the consumption of
healthy food and beverages among Filipinos pursuant to Section 18(b)(iii) of this
Act.
¢) The CWC shall:

i, Assist the DOH in convening the NTF, as vice chairperson;

ii. Coordinate with the DOH to develop guidelines to enforce the prohibitions
under Section 14(a) of this Act; and


iii, Implement SBCC strategies and activities to promote the consumption of
healthy food and beverages among Filipinos pursuant to Section 18(b)(ii) of this
Act, especially for children;

d) The DepEd shall:

i. Coordinate with schools and LGUs to enforce the marketing prohibitions in
and within 250 meters from any point of the perimeter of child-centered settings
under Section 14(a) of this Act; and

ii, Implement SBCC strategies and activities to promote the consumption of
healthy food and beverages among Filipinos pursuant to Section 18(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:

i. Enforce prohibitions against child-directed marketing through sponsorship
under Section 13(b) of this Act: Provided, That when the violation occurs in and
within 250 meters from any point of the perimeter of child-centered settings,
Section 14 shall apply and be enforced by the FDA, ECCD. and LGUs, as
applicable;

ii, Enforce the marketing prohibitions for retail environments under Section
13 (a)(i) of this Act;

iii, Enforce the marketing prohibitions for digital and e-commerce platforms
under Section 13(a)(iv) of this Act;

iv, Enforce the marketing prohibitions for broadcast radio under Section 14(c)
of this Act; and

v. Support LGUs to enact and implement ordinances or executive orders under
Section 20 of this Act.

£) The DILG shall support LGUs to enact and implement ordinances or executive
orders under Section 20 of this Act;

g) The LTFRB shall enforce prohibitions against child-directed marketing under
Section 13(a)(iii) of this Act in public utility vehicles;

h) The ECCD Council shall:

i, Enforce the marketing prohibitions in and within 250 meters from any point
of the perimeter of child-centered settings under Section 14(a) of this Act, in
coordination with the DOH; and

ii. Coordinate with the DOH for the identification of other child-centered
settings as defined under this Act.


i) The NCCT shall enforce the marketing prohibitions for broadcast television
under Section 14(b) of this Act.

SEC. 20. Local Implementation. — LGUs, through appropriate issuances such as
ordinances or executive orders, shall establish mechanisms to enforce the provisions under
Sections 6, 7, 9, 13, and 14(a) of this Act, as applicable, within their jurisdictions and shall
impose penalties for violations thereof. For this purpose, local health boards (LHBs) and local
councils for the protection of children (LCPCs) shall regularly monitor the compliance of
LGUs with the provisions of this Act.

All LGUs are enjoined to form Local Task Forces for Healthy Food Marketing
Environment to implement the provisions of this Act, and shall mobilize local law 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 24 and 25 of this Act. The LF 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.

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. 21. Role of the Ad Standards Council and Other Entities. ~ 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. 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:

a) Monitor and remove or disable any prohibited marketing upon notice by the

NTF that a violation of this Act may have occurred;

b) 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

c) Preserve relevant documents, websites, webpages. upon request of the NTF.

SEC. 22. Inspection Powers and Record Keeping. ~ The FDA through its registered
agents shall have the power to inspect the premises and records of manufacturers and
distributors to determine compliance with the provisions of Sections 6, 7, 9, ot 10 of this Act.
The FDA shall develop guidelines to prescribe procedures and requirements for record-
keeping.

SEC. 23. Compliance by Micro, Small, and Medium Enterprises (MSMEs). — The DTI,
in coordination with other relevant government agencies and stakeholders, shall develop and
implement programs to assist micro, small, and medium-sized food business operators of pre~
packaged food covered by this Act.


SEC. 24. Policy against Industry Interference. - Government, including institutions and
instrumentalities of the State at the national and sub-national levels and to persons working in
government or engaged by government to work on its behalf, shall ensure that policy setting
and implementation of laws that ultimately aim to promote the right to health of all Filipinos,
especially children, are protected from the commercial and other vested interests of the food
and beverage industry.

SEC. 25. Declaration against Conflict of Interest. — All representatives of government
agencies and organizations, including civil society, non-government, grassroots, and
international organizations, that take any part, directly or indirectly, in the setting and
implementing of policies and measures that are part of the strategic framework of measures to
reduce overweight and obesity shall be required to fully accomplish a signed declaration under
oath prepared by the DOH that states, among others, that they are not affiliated with the food
and beverage industry, and that they do not act on such industry’s behalf or interests. The
signed and notarized copy of such declarations shall be made available to the public primarily
via the DOH website and other means to readily access such information.

SEC. 26. Multisectoral Coordination and Civil Society Participation for Enforcement,
Monitoring and Surveillance. ~ The State recognizes the role of civil society organizations and
the private sector in promoting public health. The NTF members in Section 18 herein may
engage civil society organizations and the private sector, as long as they are not affiliated or
related with the food and beverage industry and have signed a declaration against conflict of
interest described in Section 25, to provide technical assistance in implementing and
monitoring the provisions of this Act. The DOH shall develop and implement programs to
enable citizen participation in compliance with this Act.

Any citizen or civil society, non-government, and grassroots organization is hereby
authorized to file an appropriate civil, criminal, or administrative action in the proper courts or
administrative body against any public officer who willfully or grossly neglects the
performance of a responsibility specifically enjoined by this Act and its implementing rules
and regulations, or against any member of the food and beverage industry, including persons
working on their behalf, who violates any provision of this Act and its implementing rules and
regulations. The court shall exempt such action from the payment of filing fees and shall
exempt the plaintiff from the filing of an injunction bond for the issuance of preliminary
injunction. In the event that the plaintiff shall prevail, the court shall award reasonable
attorney's fees, moral damages, and litigation costs as appropriate. The administrative, civil,
and criminal actions allowed under this paragraph shall be cumulative and shall not preclude
any other person from filing a similar action.

‘The DOH shall develop and publicize mechanisms for filing anonymous complaints,
including the provision of hotlines and whistleblower complaints, to encourage citizen
participation in the compliance monitoring and surveillance of this Act.

SEC. 27. International Cooperation and Provision on Technical and Financial
Assistance. ~ The State recognizes that international and regional cooperation is an important
component of regulating cross-border marketing of pre-packaged food products required to
have a warning label.

For this purpose, NTF members may seek and receive technical and/or financial
assistance from international organizations, except those that belong to or are affiliated with


the food and beverage industry as defined herein, for the purpose of implementing the
provisions or pursuing the objectives of this Act, subject to existing laws, rules, and regulations:
Provided, That Sections 24 and 25 of this Act are strictly complied with.

ARTICLE V.
PENALTIES

SEC. 28. Penalties. — The following penalties shall be imposed for each violation of the

prohibitions in this Act:

a) For violations of Sections 6, 7, 9, 13, and 14 of this Act, the following penalties

shall be imposed:
Offender First (1° offense Second @™}) Third 3") offense
Fine of ‘not less | Fine of not less than | Fine of not less. than

Large enterprise

thousand pesos
(Php 500,000) but
not more than one
million pesos (Php
1,000,000)

one million pesos five million pesos
(Php1,000,000) but | (Php5,000,000) but not
not more than five | more than ten million
million pesos (Php | pesos (Php 10,000,000)
5,000,000)

|MSMEs or any other
enterprise not considered
as a large enterprise by the
DTI

Fine of not less
than five thousand
pesos (Php 5,000)
but not more than
ten thousand pesos
(Php 10,000)

Fine of not less than
twenty thousand pesos
(Php 20,000) but not
more than fifty
thousand pesos (Php |
| 50,000) for the third |
offense.

Fine of not less than
ten thousand pesos
(Php 10,000) but not
more than twenty
thousand pesos (Php
20,000)

Natural person

Fine of not more
than five thousand
pesos (P5,000)

Fine of not less than ten
| thousand pesos (Php
| 10,000) but not more
| than twenty thousand
| pesos (Php 10,000) or
imprisonment of not
more than one (1) year,
or both, at the
discretion of the court

Fine of not less than
five thousand pesos
(Php 50,000) but not
more than ten
thousand pesos (Php
10,000)

b) An additional fine of one percent (1%) of the economic value or cost of the
violative product or one thousand pesos (P1,000), whichever is higher, shall be imposed
for each day of the continuing violation;

©) A fine of not less than one thousand pesos (Php 1,000) nor more than one
hundred fifty thousand pesos (P150,000.00), plus the additional fine of not more than one
thousand pesos (Php 1,000) for each day of continuing violation shall be imposed against
any trader, retailer and/or their agent, found to have committed the prohibited act under
Section 11 of this Act;



4) The penalties imposed in this Section shall be without prejudice to other
remedies or penalties and sanctions that are available or may be imposed by law, and

©) No person shall be subject to the penalties under this Section for having sold,
offered for sale, or transferred pre-packaged food products that are not compliant with
the provisions of Sections 6, 7, or 9, if such sale, distribution or transfer, was made in
good faith. A sale, distribution, or transfer is presumed to be made in good faith if the
seller or distributor has obtained, in writing, a guaranty from the person or food business
operator from whom the pre-packaged food was obtained, that said pre-packaged food
are not covered by the requirements under Sections 6 and 7 of this Act.

SEC. 29. Other Corrective Actions. ~ In addition to the fines and penalties in Section 28,
the following corrective actions, if not initiated by the offenders themselves, shall be imposed
by the appropriate authorities to the offenders:

a) Seizure and condemnation, destruction, recall, and/or appropriate disposition of
pre-packaged food products that are considered misbranded under Section 9 of this Act,
or items that constitute prohibited marketing under Sections 9 (d), 13 or 14 of this Act;

b) The issuance of a Cease-and-Desist Order (CDO) which shall specify that the
trader or retailer and/or their agents shall cease and desist from concealment or
obstruction of view of warning labels under Section 11 of this Act and that they shall be
required to submit a report of compliance therewith within a reasonable time;

©) A submission of a voluntary assurance of discontinuance of concealment or
obstruction of warning labels under Section 11 of this Act;

d) Issuance of take-down orders against prohibited advertising, promotion, and
sponsorship content under Sections 13 or 14 of this Act;

e) Suspension, revocation, or cancellation of applicable licenses, registrations, and
Permits to operate for business establishments and operators or drivers of public utility
vehicles; including the submission of a recommendation to the LGU concemed, through
proper channels, for the cancellation or suspension of licenses, registrations, and permits;

£) The withholding of any permit, license, authority, or registration pending from
the appropriate agency or entity;

8) Disapproval of an application for the issuance or renewal of a Certificate of
Product Registration (CPR) by the FDA, including suspension, revocation, or
cancellation of an existing CPR, for pre-packaged food products that are considered
misbranded under Section 9 of this Act;

h) Closure of the establishment by LGUs having jurisdiction over premises where
a violation of this Act has been committed; and

i) Censure.


SEC. 30. Liability of Juridical and Other Persons. ~ Should a violation of this Act be
committed by a juridical person, the Chair of the Board, the President, the General Manager,
or the partners and/or the persons directly responsible therefor shall be penalized.

If the offender is an alien, they shall be deported after service of sentence and/or payment
of fine without further deportation proceedings and shall be permanently barred from re-
entering the Philippines.

In case a violation is committed by, or in the interest of, a foreign juridical person duly
licensed to engage in business in the Philippines, such license to engage in business in the
Philippines shall be immediately revoked.

SEC. 31. Liability of Government Officials and Employees. - Public officials and
employees who violate Section 24 or 25 of this Act, or who deliberately or knowingly fail to
fulfill their responsibilities under this Act, shall be subject to administrative disciplinary action
pursuant to relevant laws, rules, and regulations.

ARTICLE VI.
FINAL PROVISIONS

SEC. 32. Healthy Food Marketing Environment Trust Fund. ~ A Healthy Food
Marketing Environment Trust Fund is hereby created. All fines collected pursuant to the
enforcement of this Act shall be used exclusively for its implementation and to fund other
measures to promote a healthy food marketing environment. The DOH shall be responsible for
the management and control of the Trust Fund.

SEC. 33. Compliance Monitoring. — Not later than three (3) years after the date of the
effectivity of this Act, and annually thereafter, the DOH shall submit to the President of the
Philippines and to both Houses of Congress a monitoring report on the compliance of the food
and beverage industry with this Act and all related laws, rules, regulations, and ordinances. All
reports required under this Act shall be made available to the public primarily via the DOH
website and other means to readily access such information.

The DOH is hereby authorized to report to Congress any instance of delay or non-
compliance by the national agencies and LGUs herein of the timelines in implementing this
Act. The DOH is also authorized to demand accountability from such agencies or LGUs for
failure to fulfill its duties under this Act, without prejudice to other remedies or penalties and
sanctions that are available or may be imposed by law for such delay or non-compliance.

SEC. 34. Impact Assessment. — The DOH shall conduct an impact assessment every three
(3) years to evaluate the effectiveness of the enforcement of this Act, health, behavioral, and
social outcomes, and other matters relevant to implementation of this Act. The DOH shall
include in its budget the conduct of the assessment.

SEC. 35. Implementing Rules and Regulations (IRR). - The DOH, in consultation with
the members of the NTF in Section 18, shall promulgate such rules and regulations necessary
for the effective implementation of this Act within six (6) months from the date of publication
of this Act. The IRR shall cover, among others, the phases of implementation: Provided, That
non-issuance of the IRR shall not prevent the implementing agencies from enforcing this Act
upon its effectivity.


SEC. 36. Transitory Provision. — Existing industries, businesses, manufacturers,
distributors, and other stakeholders affected by the implementation of this Act shall be given
six (6) months from the effectivity of this Act to comply with its requirements.

SEC. 37. Appropriations. — The amount necessary to implement the provisions of this
Act shall be charged against the current year’s appropriations of the concerned national
government agencies. Thereafter, such funds as may be necessary for the continued
implementation of this Act shall be included in the budgets of the concerned national
government agencies under the annual General Appropriations Act.

SEC. 38. Separability Clause. ~ If any portion or provision of this Act is subsequently
declared invalid or unconstitutional, other provisions hereof which are not affected thereby shall
remain in full force and effect.

SEC. 39. Repealing Clause, ~ All laws, decrees, ordinances, administrative order, rules and
regulations, or any part thereof, which are inconsistent with this Act are repealed or amended
accordingly.

SEC. 40. Effectivity. - This Act shall take effect fifteen (15) days after its publication in
the Official Gazette and at least two (2) newspapers of national circulation.

Approved,