Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH (16) CONGRESS
First Regular Session

1760

House Bill No.

Introduced by Hon. Joseph Gilbert F. Violago

EXPLANATORY NOTE
‘The statistics are very alarming.

First, four (4) billion packs of cigarettes are being produced in the Philippines every year,
Second, cigarette smoke contains 7,000 chemicals, more than 70 of which are known carcinogens,

Furthermore, the World Health Organization (WHO) estimates that almost 35% of our
country's population are tobacco smokers. The Department of Health also said that 80% of the
poorest family households have at least one smoker. WHO ranks the Philippines as 15th on tobacco
consumption in the world. Five of the country's top ten death-causing diseases in our country are
related to smoking, and that 240 Filipinos die everyday or almost 90,000 a year from diseases caused
by tobacco, The Lung Cancer Institute also said that 43 Filipinos die everyday due to lung cancer.

This proposed bil
on all tobacco packages i

which mandates the use of clear and full-color graphic health warnings
in consonance with a state policy as stated in our Constitution:

Section 15 (Article I1): The State shall protect and promote the right to
health of the people and instill health consciousness among them.

Verily, it is an urgent imperative to increase the awareness of our people on the very
harmful effects of tobacco use to enable them to make an intelligent and informed choice.

Studies show that "there is clear evidence that tobacco package health warnings increase
consumers! knowledge about the health consequences of tobacco use, and that these messages
“contribute to changing consumers! attitudes toward tobacco use as well as changing consumers’
behaviors". Studies also show that picture-based health warnings are 60 times more effective than
text warnings in terms of encouraging cessation and prevention.

In addition, to effectively conveying health information even to the illiterate sectors of
society, the warning labels also decrease the attractiveness and appeal of cigarettes, they also
counter the alluring and persuasive images the tobacco industry uses to market their products,

Hereinbelow are additional researches regarding the effectiveness of warning labels:

After new large pictorial warnings were introduced in 2000, 91 percent of Canadian smokers
surveyed reported having read the warning labels and demonstrated a thorough knowledge
of their content. Further, smokers who read, thought about, and discussed the warning
labels in greater depth at baseline were significantly more likely to either quit, attempt to
quit, or reduce their smoking at follow-up.

© In Brazil, after the introduction of new picture warnings, 73 percent of smokers approved of
them, 54 percent had changed their opinion on the health consequences of smoking, and 67


percent said the new warnings made them want to quit. The impact was particularly strong
among less educated, lower income people. Brazil introduced a second set of warning labels
in 2004. In a study evaluating both sets of warning labels, researchers found the most
graphic and threatening warning labels increased intentions to avoid smoking.

© The introduction of stronger warning labels in Australia resulted in a 29 percent increase in
people reporting that they always noticed the warning.

© After Singapore introduced their pictorial warning labels in 2004, a Health Promotion Board
survey found that 28 percent of the smokers surveyed reported smoking fewer cigarettes
because of the warnings; 14 percent of the smokers surveyed said that they made it a point
to avoid smoking in front of children; 12 percent said that they avoided smoking in front of
pregnant women; and 8% said that they smoked less at home.

‘© Since Thailand introduced their second set of pictorial labels in 2006, 53 percent said the
pictorial warning labels made them think “a lot” about the health risks and 44 percent of
smokers said the warnings made them “a lot’ more likely to quit over the next month.

© An investigation of the impact of the text-only Chinese labels compared to other text and
pictorial labels from around the world found that larger pictorial labels were perceived to be
more effective at informing about the dangers of smoking, convincing youth not to start and
motivating smokers to quit.

More than 60 countries also require pictures or images on cigarette packs, and these are the
following:

Argentina Mongolia Seychelles
Australia Malta Spain

Bahrain Mauritius Singapore

Belgium Honduras Mexico Sri Lanka

Bolivia Hungary Nepal Switzerland

Brazil Iceland New Zealand Thailand

Brunei Darussalam India Niger Turkey

Burkina Faso Iran Norway Ukraine

Canada Treland Oman United Arab Emirates
Chile Jordan Pakistan United States of America
Columbia Kazakhstan Panama Uruguay

Costa Rica Kuwait Peru Venezuela

Denmark Latvia Qatar Vietnam

Djibouti Liechtenstein Romania Yemen

Ecuador Madagascar Russia

Egypt Malaysia Saudi Arabia

With this bill, we can believe again that we can cure the smoking epidemic, save more lives
and uphold public health over and above economic and commercial considerations.

For these reasons, the approval of this bill is earnestly sought.
Se a
HON. JOSEPH F. VIOLAGO

Representative
2n4 District, Nueva Ecija


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH (16™) CONGRESS
First Regular Session
1760

House Bill No.

Introduced by Hon. Joseph Gilbert F. Violago

AN ACT
TO EFFECTIVELY INSTILL HEALTH CONSCIOUSNESS
THROUGH PICTURE-BASED WARNINGS ON TOBACCO PRODUCTS

Be it enacted by the Senate arid House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as “The Picture-Based Health Warning

Law.’

SEC. 2. Declaration of Principles. - The State shall protect and promote the right to health of
the people and Instill health consciousness among them.

The State shall protect consumers from trade malpractices and from substandard and
hazardous products.

The State accepts that, as a State-Party to the World Health Organization's Framework
Convention on Tobacco Control (FCTC), a treaty that reaffirms the right of all people to the highest
standards of health, the Philippines is obliged to inform every person of the health consequences of
tobacco consumption and exposure to tobacco smoke; to enact effective measures to curb and
reduce tobacco use, especially among the youth; and to protect public health policy from the
commercial and vested Interests of the tobacco industry.

The State is cognizant of the Philippines duty under Article 11 of the FCTC which is to
adopt and implement by September 2008 effective health warnings on tobacco products that should
describe the harmful effects of tobacco use.

The State recognizes that based on empirical data, text warnings have been shown to be
insufficient in conveying the dangers of tobacco products while graphic or picture-based health
warnings have been shown to be more effective in conveying the truth about the dangers of
exposure and consumption of tobacco smoke.

SEC. 3. Purpose. - The purpose of this Act is:

a. To have health warnings that effectively warn of the devastating effects of tobacco use
and exposure to second hand smoke;

b. To remove signs or terms or any other direct or indirect means on or in tobacco product
packages that create or are likely to create a false impression about the health effects of
tobacco products, including but not limited to misleading or deceptive descriptors like
“low tar,” “light,” “ultra light” or “mild,”



¢. To further promote the right to health and information of the people;

d. To strengthen the role of the Department of Health in promoting the right to health and
instilling health consciousness among Filipinos.

Section 4. Definition of Terms. —

a. “Insert” means any communication inside an individual package and/or carton
purchased at either wholesale or retail by consumers, such as a leaflet or brochure.

b. “Onsert” means any communication affixed to the outside of an individual package
and/or carton purchased at either wholesale or retail by consumers, such as a brochure
beneath the outer cellophane wrapping or glued to the outside of the cigarette package.

¢. “Picture-based Health Warning” means warming labels that are composed of a
photographic picture warning on health dangers or other problems related to tobacco
use or exposure to tobacco smoke and an accompanying textual warning that is related
to the picture, as issued by the Department of Health (DOH) in accordance with Section
15 of this Act.

d. “Principal Display Surface”, means:

1. In the case of a package and carton that has at least two equal-sized sides or surfaces,
other than the top and bottom, that may be displayed or visible under normal or
customary conditions of sale or use, the areas of each of the 2 largest surfaces;

2. The largest surface of any spherical, cylindrical or conical container of tobacco
products and in the case of a package and carton that does not have a particular side
or surface that is predominantly displayed or visible under normal or customary
conditions of sate or use, the total surface area of the package;

3. All surfaces or panels, exterior or interior, of any tobacco product packaging or
carton not specified above.

e. “Tobacco Product Package” means the packet and package of tobacco products and any
outside packaging and labelling of tobacco products for sale, distribution, exportation,
importation, trade, exchange, or exhibition, such as, but not limited to, packs, tins, boxes,
pouches, flip-tops, slide and shell packages, cartons, transparent wrappers, clear
packaging, packages containing one product unit, master cases, or other containers of
tobacco products.

f. “Tobacco Products” means products entirely or partly made of leaf tobacco as raw
material, which are manufactured to be used for smoking, sucking, chewing or snuffing,
or by any other means of consumption.

SEC. 5. Picture-based Health Warning. - Ninety (90) days after the effectivity of this Act,
cigarette packages and other tobacco product packages found in the market including package
insert and onserts, and any outside packaging and labelling, shall bear highly visible full-color
‘Picture-based Health Warnings’ as prescribed, as to all particulars, that shall have two
components: a photographic picture warning and an accompanying textual warning that is related
to the picture,


a. The Picture-based Health Warnings shall be printed on at least 60% of the principal
display surfaces of any tobacco package; it shall occupy no less than 60% of the front and
60% of the back panel of the packaging, as described in Sec. 4;

b. It shall be located at the upper portions of the said panels or Principal Display Areas;

c. Nothing shall be printed or applied on a location where it is likely to obscure or cover, in
part or in whole, the Picture-based Health Warnings;

d. No part of the warning may be obliterated, obscured, folded, severed or become
unreadable when the tobacco package is opened or closed or when a wrapper on the
package is removed;

e. The Picture-based Health Warning shall be printed in accordance with guidelines
prescribed by the DOHI or in the absence thereof, in full color, with the minimum
resolution of 600 dpi using at least 4-color printing;

f, A minimum of eight (8) variations of Picture-based Health Warnings shall be printed
simultaneously and these shall be rotated periodically, not just for each brand family but
also for each brand within the family for each package size and type, so that at any time
within the twelve (12) month period, when a set of Picture-based Health Warnings are
scheduled to be rotated, the variations of the warnings shall appear in the market with
proportionate frequency and equal display of health warnings and messages on retail
packages;

8 In no case shall the Picture-based Health Warning measure less than 2475 square
millimeters in size regardless of the type of tobacco package.

Furthermore, the shortest side of the health warning shall measure no less than 55
millimeters;

h. Picture-based Health Warning specifications

1, The text warning accompanying the picture shall be worded in such manner that an
ordinary layman will understand what the picture is about and what are the ill-
effects of smoking on the health of the smoker and of the people around him,

2. The text warming shall be placed on areas of the photograph where it will not
obscure the picture itself but will be prominently displayed;

3. The text shall use up no more than 30% of the entire area of the Picture-based Health
Warning and shall appear in clearly legible type and in contrast by typograph, layout
and color, without the use of any border, frame or any other design that will
effectively lessen the size of the textual warning; and

4, The accompanying text shall be printed in English on the front panel and Filipino on
the back panel and alternately, Filipino on the front panel and English on the back
panel. In the case of other containers where there is only one (1) external surface area,
the accompanying text will likewise alternately be in English or Filipino.

SEC. 6. Side Panel. - In addition to the Picture-based Health Warning, cigarette packages, as
well as other tobacco product packages found in the market, shall bear, on one side panel,
additional information as issued by the DOH according to Section 1 of this Act, such as, but not
limited to, additional health warnings, hotlines or websites for tobacco-related concerns, or tips on


how to stop smoking. This information shall be prominently displayed and the text thereto shall
appear in clearly legible type and in contrast by typograph, layout and color, without the use of any
border or frame or any other design that will effectively lessen the size of the additional health
warnings.

SEC. 7. Descriptors. - Ninety (90) days after the effectivity of this Act, no cigarette packs or
other tobacco product packages shall contain any term, descriptor, trademark, figurative or any
other sign including colors, images, or numbers, or any other package or product design or feature,
that directly or indirectly create or are likely to create the false impression that a particular tobacco
product is less harmful than any other tobacco product or brand, or that promote a tobacco product
by any means that are false, misleading, deceptive, or likely to create an erroneous impression about
its characteristics, health effects, hazards or emissions, such as, but not limited to, “low tar”, “light’,
“ultra-light”, or “mild,” “extra” “ultra, and similar terms in any language that might mislead
consumers, or corresponding symbols or colors signifying the same.

No cigarette packs or other tobacco product packages shall contain information that may
imply that one variant or brand s safer than the other, such as, but not limited to, statements
indicating that the tobacco product contains “reduced levels” of contents, substances, and
emissions. Figures for emission yields, such as for tar, nicotine and carbon monoxide, shall be
prohibited, including when used as part of a brand name or trademark,

SEC. 8. Minimum Principal Display Surface! Prohibition on Smaller Packages. - To ensure
the visibility, prominence, and impact of Picture-based Health Warnings, no person ot legal entity
shall make, fabricate, import, sell or distribute cigar, cigarette or other tobacco products with
packages that have for its Principal Display Surface, a total area of less than 4950 square millimeters
for each of the two largest sides in the case of tobacco packages described in Sec 4 d (1). For other
tobacco packages that fall under Section 4 d (2) and 4 d (3), the minimum size for the principal
display surface shall also be 4950 square millimeters.

SEC. 9. Costs. - All printing costs pertaining to packaging and labelling shall be shouldered
by tobacco manufacturers and/or importers.

SEC. 10. Prohibition on Sales. - No person or legal entity shall sell or commercially
distribute or display any cigarette or tobacco product without ensuring that the labels and
packages, as well as any other container used in displaying the cigarette or tobacco product, meet
the requirements under this Act, Manufacturers and distributors of tobacco products shall ensure
the removal from all displays of non-compliant tobacco products manufactured and distributed by
them within 120 days from the effectivity of this Act.

SEC. 11. Prohibition on Obstruction of Display. - No person or legal entity shall obscure or
cover in part or in whole the Picture-based Health Warning in the selling areas. The Picture-based
Health Warnings shall be prominently displayed whenever the said packages are commercially
displayed.

SEC. 12. Liability of Manufacturers, Importers, and Distributor. - Manufacturers, importers,
and distributors of tobacco products shalll be directly liable for any violations of the provisions of
this Act. In the case of a business entity or establishment, the chairperson of the Board of Directors,
the owner, president, manager and the corporate officials thereof shall be directly responsible
therefore and shall be made accountable. Agents/ representatives of the aforecited manufacturers,
Im porters, and distributors who commit any violation of the provisions of this Act and its
implementing rules shall be jointly and severally liable with the manufacturers, importers, and
distributors.


SEC. 13. Liability of Retailers and Sellers. - Retailers and sellers of tobacco products shall
be directly liable for violations of Section 10 and 11 of this Act. In the case of a business entity or
establishment, the chair of the Board of Directors, the owner, president, manager and the corporate
officials thereof shall be directly responsible and shall be made accountable.

Section 14. Penalties for Non Compliance. -

a. The following penalties shall individually apply to manufacturers, importers, and
distributors of tobacco products as well as their agents/representatives for any violation
of this Act:

1. On the first offense, a fine of not more than One Million Pesos (Php 1,000,000.00)
shall be imposed;

2. On the second offense, a fine of Five Million Pesos (Php 5,000,000.00), shall be
imposed;

3. On the third offense, in addition to a fine of not more than Twenty Million Pesos
(Php 20,000,000.00) or imprisonment of not more than five (5) years, or both at the
discretion of the court, the business permits and licenses, in the case of a business
entity or establishment shall be revoked or cancelled.

If the guilty officer is a foreign national, he shall be deported after service of sentence
and/or payment of applicable fines without need of further deportation proceedings
and shall be forever barred from re-entering the Philippines. Filing of the appropriate
case may be commenced by the DOH; the Philippine National Police (PNP); a Prosecutor
by himself; or any private citizen.

Each batch of non-compliant tobacco packages, regardless of size, that are
withdrawn from the manufacturing facility, imported into the Philippines for sale to the
market, transferred to other facilities, or delivered to the retail establishments after the
compliance date shall constitute one offense, An additional penalty of One Hundred
Thousand Pesos (Php 100,000.00) per day shall be made for each day the violation
continues after having received the order from the 00H or other appropriate body,
notifying the company of the infraction.

b. The following penalties shall individually apply to retailers/sellers of tobacco products
as well as their agents/ representatives for any violation of this Act:

1. On the first offense, a fine of not more than Five Thousand Pesos (Php 5,000.00) shall
be imposed;

2. On the second offense, a fine of Ten Thousand Pesos (Php 10,000.00) shall be
imposed;

3. On the third offense, in addition to a fine of not more than Twenty Thousand Pesos
(Php 20,000.00) or imprisonment of not more than one (1) year, or both at the
discretion of the court, the business permits and licenses, in the case of a business
entity or establishment shall be revoked or cancelled.

If the guilty officer is a foreign national, he shall be deported after service of sentence
and/or payment of applicable fines without need of further deportation proceedings
and shall be forever barred from re-entering from the Philippines. Filing of the


appropriate case may be commenced by the DOH; the PNP; a Prosecutor by himself; or
any private citizen.

Each day that non-compliant tobacco packages are found in the retail establishments
of the retailers after the compliance date shall constitute one offense. An additional
penalty of Five Thousand Pesos (Php 5,000.00) per day shall be made for each day the
violation continues after having received the order from the DOH or other appropriate
body, notifying the retailers of the infraction.

SEC. 15. Picture-Based Health Warning Guidelines. - Thirty days (30) days after the
effectivity of this Act, and every year thereafter, or as frequently as the need arises, the DOH shall
issue a template of Picture-based Health Warnings to be rotated, as well as guidelines respecting the
printing instructions, specific pictures, design, or content of the information relating to the Picture-
based Health Warnings, and other information that must appear in the tobacco product packages.
‘The DOH shall consider the recommendations of leading non-government organizations that have
established and proven records of dealing with tobacco-related diseases and deaths; Provided,
however, that the absence of recommendations shall not delay the issuance of the template and
guidelines. All Picture-based Health Warnings issued shall comply with the specifications above
and must always present the devastating effects of tobacco use and exposure to tobacco smoke,

In light of technological developments in printing quality and package design, the DOH
shall have the authority to provide additional printing guidelines beyond those specified In Section
5(e), to ensure that picture warnings remain effective and with impact.

Picture-based Health Warming regulations issued by the DOH Secretary upon
recommendation of non-government organizations shall be presumed compliant with the
specifications listed above for purposes of implementation by the tobacco companies.

Tobacco manufacturers and importers shall have no more than two (2) months to comply
with any new templates issued.

SEC. 16. Administrative Power. - Within one (1) year from the effectivity of this Act, the
DOH shall issue Guidelines and Administrative Sanctions to facilitate the implementation of this
Act, but this should, in no case, delay the implementation of this Act and the deadlines/ time frames
set herein.

The DOH, in coordination with the Food and Drug Administration, s hereby charged with
implementing and enforcing the provisions of this Act and shall:

a. promulgate rules governing the hearings on alleged violations of this Act. The hearings
shall be summary in nature and shall be conducted by means of position papers and
affidavits. Any decision must be rendered by the DOH no longer than thirty (30) days
from the date of filing;

b. impose, after notice and hearing and in accordance with the degree of the offense and
(he nature of the business of the offender, administrative fines of up to Ten Million Pesos
(Php 10,000,000.00), the proceeds of which will be used for health promotion campaigns
‘on tobacco control of the DOH.

Provided, That manufacturers, importers, and distributors of tobacco products as
mentioned jn Section 12 of this Act, shall have a higher penalty compared to retailers
and sellers, as provided in Section 13 of this Act:


¢. issue other administrative rules and regulations it deems necessary to effectively
implement the provisions of this law, such as but not limited to, seizure, forfeiture, and
destruction of non-compliant packages as described under this law.

The non-issuance of the Regulations and Administrative Sanctions by the DOH shall not
prevent the coming into force of this Act.

The DOH shall have the power to call upon law enforcement agencies, and the managing
authorities in the economic zones for assistance In the implementation and enforcement of its
decisions, orders, rules and regulations. In addition, the DOH may also deputize, whenever
necessary, local government executives and representatives of the national government agencies,
tobacco control organizations and concerned sectors to help monitor compliance with and report
any violation of this Act.

The filing of an administrative case for an act constituting a violation of the administrative
regulations to be issued by the DOH shall not preclude the simultaneous or subsequent filing of
criminal charges for the same act constituting a violation under this Act, through criminal
proceedings authorized under Section 14 of this Act. In the same manner, neither shall the filing of
criminal charges preclude the filing of administrative cases.

SEC. 17. Strict Compliance and Inspections. - Absolutely no extensions of time to comply
with the provisions of this Act shall be granted to tobacco manufacturers and importers or any
other affected party.

For purposes of enforcing the law and ensuring compliance therewith, the DOH, through
FDA or other deputized law enforcement agency, or its authorized representative, upon presenting
appropriate credentials to the owner, manager, or held, for introduction into domestic commerce or
are held after such introduction, or (2) to enter any vehicle being used to transport or hold the
tobacco products in question; and (3) to inspect, in a reasonable manner, such factory, warehouse,
or establishment or vehicle and all pertinent equipment, finished and unfinished materials,
containers and labeling therein. If the officer, employee, or person designated to make any such
inspection of a factory, warehouse or other establishment has obtained any sample in the course of
the inspection, upon completion of the inspection and prior to leaving the premises, he shall give
the owner, manager, or agent-in-charge a receipt describing the samples obtained.

The DOH shall have the power to punish the refusal of the owner, manager, agent-in-charge
or employee of the factory, warehouse, establishment, or vehicle who, despite tie presentation of
appropriate credentials by the officer or employee designated to conduct the inspection, refuses the
entry of such officer or employee.

SEC. 18. Citizen Suits. - For purposes of enforcing the provisions of this Act or its
implementing rules and regulations, any citizen may file an appropriate civil, criminal or
administrative action in the proper courts or administrative body against:

(a) Any person or entity who violates or fails to comply with the provisions of this Act, its
implementing rules and regulations, including the template, guidelines, or other
regulations; or

(b) The DOH and other implementing agencies with respect to rules and regulations issued
inconsistent with this Act; and/or

(©) Any public officer who willfully or grossly neglects the performance of an act
specifically enjoined as a duty by this Acts, its implementing rules and regulations,
including the template, guidelines, or other regulations; or abuses his authority in the


performance of his duty; or, in any manner, improperly performs his duties under this
Act or its implementing rules and regulations including the template, guidelines, or
other regulations.

The administrative, civil and criminal actions allowed under this section shall be alternative
and cumulative and shall not preclude any other person from filing similar actions.

SEC. 19. Other obligations of the Tobacco Industry. - Compliance with the Act shall not
remove or diminish any other obligations of tobacco manufacturers, importers distributors,
retailers, and sellers, including but not limited to, obligations to warn and inform consumers about
the health hazards of tobacco use and exposure to tobacco smoke.

SEC. 20. Separability Clause. - If any clause, provision, paragraph or part thereof shall be
declared unconstitutional or invalid, such judgment shall not affect, invalidate or impair any other
part hereof but such judgment shall be merely confined to the clause, provision, paragraph or part
directly involved in the controversy in which such judgment has been rendered.

SEC. 21. Repealing Clause. - All other laws, decrees, executive order and other
administrative issuances and parts thereof which are inconsistent with the provisions of this Act are
hereby modified, superseded or repealed accordingly.

SEC. 22. Effectivity. - This Act shall take effect fifteen (15) days following its publication in
the Official Gazette or in a major daily newspaper of national circulation in the Philippines.

Approved,