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

Sixteenth Congress
First Regular Session

Se oe

Ine

Hoose BillNo. 3686

Introduced by AKBAYAN Representatives
Ibarra “Barry” M, Gutierrez III and Walden F. Bello

EXPLANATORY NOTE

The right to health is one of the fundamental rights enshrined in Section 15, Article IT (State
Policy) of the 1987 Philippine Constitution which provides that “the State shall protect and promote
the tight to health of the people and instill health consciousness among them.” Incogporated in

this right is the right to health-related education and information,

Cigarette smoking is one of the biggest preventable threats to public health. With more than

4000 chemicals in tobacco smoke, at least 250 are identified to be harmful, and at least 50 are

known to cause cancet, Exposure to tobacco smoke is as dangerous as consumption of tobacco,
thus the tobacco epidemic is not only detrimental to the health of the user, but also to anyone

else caught in the cloud of tobacco emissions.

Around 6 million people actoss the globe die yearly due to tobacco-related diseases. According
to the Department of Health, 240 Filipinos die every day due to health complications brought
about by tobacco use, amounting to 87,600 deaths every single year. Ranked as one of the top 20
nations with the highest smoking population at 21.44 million in 2009, there is an urgent need to

enact effective tobacco control policies in the country.

‘As a State Party to the Framework Convention on Tobacco Control, a public health treaty initiated by
the World Health Organization, the Philippines is mandated to develop and implement

approptiate mechanisms to reduce the trenchant effects of tobacco consumption. Article 4 of

a


the Framework Convention provides that State Parties shall be guided by the principle that every
person should be informed of the health consequences, addictive nature, and mortal threat posed
by tobacco consumption and exposure to tobacco smoke. Article 11 serves as an execution of
the said principle, stating that Parties shall, within three years after entry into force of the treaty,
adopt, and implement effective measures to ensure that each unit packet and package of tobacco

products and any outside packaging and labeling of such products.

‘The prevalent form of health warnings provided to the public is in the form of textual

information, but studies have shown that graphic or picture-based warning labels ate more

effective in communicating the health risks involved in the use of tobacco products. Pictorial
health warnings ot picture-based health warnings have been found to be highly effective,
especially among the youth, in motivating smokers to quit and encouraging non-smokers not to
start smoking, A cross-country comparison made by the International Tobacco Control Policy
Evaluation Project in 2012 confirmed that pictorial warning labels demonstrated greater
effectiveness than text-only warnings on all self-reported measures of health warning

effectiveness actoss 19 countries.

‘The need to adopt an effective tobacco control policy in the country has long been overdue.
Present and future generations have to be protected from the health risks brought about by
tobacco exposure and consumption. Apart from the commitment of the State to comply with its
obligations with the Framework Convention, the enactment of this bill affirms the State’s

commitment to promote and protect the health of the people.

‘Immediate approval of this measure is, therefore, earnestly sought:

Lil —

WALDEN F, BELLO IBARRA /BARRY& M, GUTIERREZ IIT


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

Sixteenth Congress
First Regular Session

House Bil No,_ 3686

—_ >> HO

Introduced by AKBAYAN Representatives
Ibarra “Barry” M. Gutierrez III and Walden F. Bello

——— EEE!

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

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

SECTION 1. Short Title.

This Act shall be known as “The Piure-Based Health Warning Act.”

SECTION 2. Declaration of Principles.

“The State shall protect and promote the right of

people to health 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, a treaty that reaffirms the right of all people to the highest standards of health,
the Philippines is obli

1d to (a) inform every person of the health consequences of tobacco
consumption and exposure to tobacco smoke; (b) enact effective measures to curb and reduce
tobacco use, especially among the youth; and (¢) promote public health policy from the

commercial and vested interests of the tobacco industry.


BE Secerauzeen

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‘The State recognizes its duty under Article 11 of the Framework Comwntion to adopt and
implement, by September 2008, effective health warnings on tobacco products that graphically
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
Waring have been shown to be more effective in conveying the truth of the dangers of exposure

and consumption of tobacco smoke.

SECTION 3. Purpose.

‘The purposes of this Act ate:

(@) To have effective health warnings exposing the devastating effects of tobacco use and

exposure to second hand smoke;

(b) To remove any direct or indirect signs or terms, 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”,
“mild”, or similar terms; and

(© To strengthen the role of government agencies, particularly of the Department of Health and
the Department of Trade and Industry, in promoting sight to health and instilling health

consciousness among Filipinos.
SECTION 4. Definitions —As used in this Act:

(@) “Insert” refers to any communication inside an individual package and/or carton purchased at

either wholesale or retail by consumers, such as, but not limited to, a leaflet or brochure,

(b) “Onsert? refers to any communication (1) affixed to the outside of an individual package or
carton oF (2) glued to the outside of the cigarette package, purchased at either wholesale or
retail by consumers, including, but not limited to, a brochure beneath the outer cellophane

wrapping,


(©) “Pisture-based health warning? refers to warning labels composed of (1) a photographic picture
warning on health dangers and effects, or other problems related to tobacco use or exposure
to tobacco smoke, and (2) an accompanying textual warning that is related to the picture,

made in accordance with the guidelines of printing as provided in Section 15 of this Act.
(@ “Principal dsplay areas” axe

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

(2) The largest surface of a spherical, cylindrical or conical container of tobacco products,
and the total surface of the package 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
customary conditions of sale or use; and

(@) All surfaces or panels, exterior or interior, of any tobacco product packaging or carton

not specified above.

(© “Tobaco product package” refers to the packet and package of tobacco products and any
outside packaging and labeling of tobacco products for sale, distribution, exportation, trade,
exchange, or exhibition, such as, but not limited to, packs, tins, boxes, pouches, flip-tops,
slide and shell package, cartons, transparent wrappers, clear packaging, packages containing

one product unit, master cases, or other containers of tobacco products

(© “Tobacco producte” refers to products entirely of 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.

SECTION 5. Picture-based Health Warning—Within ninety (90) days from the effectivity
of this Act, cigarette packages and other tobacco product packages found in the market including
package inserts and onserts, and any outside packaging and labeling, shall bear highly visible full-
color picture-based health wamings which shall have a photographic picture warning and an

accompanying textual warning that is related to the picture:


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(@ The picture-based health warnings shall be printed on at least eighty-five percent (85%) of the
principal display areas, as defined in this Act, of any tobacco package and shall occupy no
less than eighty-five percent (85%) of the front and eighty-five percent (85%) of the back
panel of the packaging;

(b) The warning shall be located at the upper portion of the said panels or principal display areas;

(© Nothing shall be printed or applied on a location where it is likely to obscure or cover, in

patt ot in whole, the picture-bated health warnings,

(@) No part of the warning may be obliterated, obscured, folded, severed ot become unreadable

when the tobacco package is opened o closed;

(©) The picture-based health warning shall be printed in accordance with guidelines prescribed by the
Department of Health, or in the absence thereof shall be printed full color with minimum.

resolution of 600 dpi using at least 4-color printings

( A minimum of cight (8) variations of pirtwre-based health warnings shall be printed
simultaneously and these shall be rotated periodically so that the warnings shall appear in the

market with proportionate frequency;

(@ In no case shall the picture-based healt warning be less than 2475 square millimeters in size
regardless of the type of tobacco package. The shortest side of the health warning shall

‘measure no less than 55 millimeters;
(1) Pisture-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 the illeffects of

smoking are on the health of the smoker and the people around the smoker;

Q The accompanying text for the picure-based health warning shall be placed on areas of the

photograph where it will not obscure the picture itself and will be prominently displayed


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(@) The accompanying text shall use up no more than thirty percent (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 or 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.

SECTION 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 about the picture-based health warning as issued by the Department of Health
according to the template and frequeney provided in this Act, 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 of frame or any other design that will effectively

lessen the size of the additional health warnings.

SECTION 7. Descriptors—Within ninety (90) days from the effectivity of this Act, it shall be
prohibited to print cigarette packs or other tobacco product packages which contain any term,
descriptor, trademark, figurative or any other sign including colors, images, or numbers, or any
package or product design or feature, that directly or indirectly creates or is likely to create the
false impression that a particular tobacco product or brand is less harmful than any other
‘tobacco product or brand, or that promote a tobacco product by any means that are false,
misleading, deceptive, of likely to create an erroneous impression about its characteristics, health
effects, hazard or emissions, such as, but are not limited to, “low tar”, “light”, “ultra light”, or

“mild”.

SECTION 8. Minimum Principal Display Surface/Prohibition on Smaller Packages—
To ensure the visibility, prominence, and impact of pictur-based bealth warning, no person ot legal
entity shall make, fabricate, sell or distribute cigarette packages or other tobacco product
packages, or repackage cigarettes or other tobacco products with packages that have for its

principal display area, a total area of less than 4950 square millimeters for each of the two largest


sides in the case of tobacco packages described in Section 4(d)(1). For other tobacco packages
that fall under Section 4(4)(2) and 4(4)(3), the minimum size for the principal display surface

shall also be 4950 square millimeters,

SECTION 9, Costs—All printing costs pertaining to packaging and labeling shall be

shouldered by tobacco manufacturers and/or importers.

SECTION 10. Prohibition on Sales—No person or legal entity shall sell or commercially
dist

ate or display any cigarette or tobacco product without ensuring that the labels and

packages meet the requirements under this Act.

SECTION 11. Prohibition on Display—No person or legal entity shall obscure or cover in
part ot in whole the picture-based bealth warning in the selling areas. The picture-bared health warning

shall be prominently displayed whenever the said packages are commetcially displayed.

SECTION 12, Liabilities of Manufacturers, Importers, and Distributors. Manufacturers,
importers and distributors of tobacco products shall be directly liable for any violations of the
provisions of this Act. In the case of business entities or establishments, the chaigperson 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 and/or representatives of
the manufacturers, importers, 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.

SECTION 13. Liability of Retailers and Sellers—Rewilers and sellets of tobacco products
shall be directly liable for violations of Sections 10 and 11 of this Act. In the case of business
entities or establishments, 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.

SECTION 14. Administrative fine:

“Aside from the penalties for violations of trade and

industry laws and issuances, the following fines shall be imposed:


(@ A fine of one hundred thousand Philippine pesos (PHP100,000.00) shall be imposed on
manufacturers, importers, exporters and distributors of tobacco products as well as their
agents or representatives for every violation of this Act: Provided, ‘That the manufacturers,
importers, exporters and distributors will be given a compliance period of not more than
sixty (60) days to stop the violation and comply with the provisions of this Act: Provided,
{fartier, That each unit of a non-compliant tobacco package in the market shall constinute a
single violation of this Act: Provided, finaly, ‘That nothing in this Act shall prevent the
Department of Trade and Industry to issue a seizure and cease operations order, or an order
revoking or cancelling the business permits and licenses over the said manufacturers,

importers, exporters and distributors after the compliance period,

(b) A fine of five thousand Philippine pesos (PhP5,000.00) shall be imposed on retailers and
sellets of tobacco products as well as their agents ot representatives for every violation of
this Act: Provided, That the tetailers and sellers will be given a compliance period of not more
than thirty (30) days to stop the violation and comply with the provisions of this Act:
Provided, further, ‘That nothing in this Act shall prevent the Department of Trade and Industry
to issue a seizure and cease operations order, or an order revoking or cancelling the business

permits and licenses over the said retailers and sellers after the compliance period.

If the guilty officer is an alien, he shall summarily be deported after finding of probable cause on

the second offense and shall be forever barred from re-entering the Philippines; and

Prosecution under this Section may be commenced by the Department of Trade and Industry,
the Department of Health, the Philippine National Police, a prosecutor, by himself, or any

private citizen,

SECTION 15. Schedule for Picture-based Health Warning Guidelines.—Within thirty
(80) days from the effectivity of this Act, and every year thereafter, or as frequently as the need
arises, the Department of Health shall issue a template of picture-bared bealth warnings to bee rotated
as well as guidelines respecting the printing instructions, specific design or content of the
information relating to the pivture-based bealth warnings that must appear in the tobacco product
packages. Recommendations of leading non-government organizations that have established and
proven records of dealing with tobacco related diseases and deaths shall be considered: Provided,

however, That the absence of recommendations shall not delay the issuance of the template


Buidetines. All pistor-based bealth warnings issved shall comply with the specifications above and
‘must always present the devastating effects of tobacco use and exposure to second hand tobacco
smoke, Nothing in this Act shall preclude the Department of Health from imposing standards

for tobacco product packages and printing that are beyond those provided in this Act.

Picture-based health warnings regulations issued by the Secretary of Health, upon recommendation
of non-government organizations, shall be presumed compliant with the specifications listed

above for the 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

SECTION 16. Administrative Agency. — Within one (1) year from the effectivity of this Act,
the Department of Trade and Industey, upon consultation with the Department of Health, shall
issue regulations and administrative sanctions to facilitate the implementation of this Act. The
Department of Trade and Industry is hereby authorized without need of approval from

Congress:

(@ To promulgate rules governing the hearing of reported violations of this Act. The hearings
shall be summary in nature and shall be conducted by means of position papers and
affidavits. Decisions must be rendered by the Department of Trade and Industry no longer
than thirty (30) days from the date of filings and

(b) To issue other administrative rules and regulations it deems necessary to effectively
implement the provisions of this Act, such as, but not limited to seizure, forfeiture, and

destruction of non-compliant packages as described under this Act.

‘The Department of Trade and Industry shall have the power to call upon law enforcement
agencies, and the managing authorities in the economic zone for assistance in the
implementation and enforcement of its decisions, orders, rules and regulations. In addition, the
Department of Trade and Industry may also deputize, when necessary, provincial governors, city
and municipal mayors, and representatives of the national government agencies, tobacco control
onganizations, and concetned sectors to help monitor compliance with and report of any

violations of the provisions of this Act


Caer Aaurene

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SECTION 17. Strict Compliance and Inspection —Absolutely no extension of time to
comply with the provisions of this Act shall be granted to tobacco manufacturers, ot any
affected party, for enforcing the law and for ensuring compliance therewith, The Department of
‘rade and Industry, upon presenting appropriate credentials to the owner, manager, or agent in
charge, i authorized to: (1) enter, at reasonable hour, any factory, warchouse, oF establishment
in which tobacco products are manufactured, processed, packed or held, for introduction for
domestic commerce or ate held after such introduction or to enter any vehicle used to transport
or hold such tobacco products; and (2) to inspect in any reasonable manner, such factory,
warehouse or establishment of vehicle and all pertinent equipment, finished and unfinished
materials, containers and labeling therein. If the officer, employee, or person designated making
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 to the owner, manager, or agent in charge a receipt describing the samples

obtained.

Section 18. Ci

en Suit

_—For purposes of enforcing the provisions of this Act or its
implementing rules and regulations, any citizen may file an appropriate civil or administrative

action in the proper courts or bodies against:

(@) Any person or entity who violates of fails to comply with the provisions of this Act, its

implementing rules and regulations, including the templates, guidelines or other regulations,

(b) The DTT, the DOH, and other implementing agencies with respect to rules and regulations

issued inconsistent with this Act; and

(© Any public officer who willfully or grossly neglects the performance of any act specifically
enjoined as a duty by this Act, 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 mannet improperly performs his duties under this Act or its implementing rules and

regulations, including the template, guidelines, or other regulations

‘he administrative, civil, and criminal actions begun under this section shall be alternative and

cumulative and shall not preclude any other person from filing a similar action


In civil suits brought under this Act, the court shall exempt such action from the payment of
filing fees, except fees for actions not capable of pecuniary estimations, and shall likewise, prima
facie showing of the non-enforcement or violation complained of, exempt the plaintiff from the
filing of an injunction bond for the issuance of a preliminary injunction.

SECTION 19. Separability Clause—IE any clause, provision, paragraph, ot part thereof shall
be declared unconstitutional of invalid, such judgment shall not affect, invalidate, or impair any
other part hereof, but such judgment shall be merely confined to the clause, provision,
paragcaph, or part directly involved to the controversy in which such judgment has been

rendered.

SECTION 20. Repealing Clause—All other laws, decrees, executive orders and other
administrative issuances and parts thereof which are inconsistent with the provisions of this Act
are hereby modified, superseded or repealed accordingly. Sections 13(c) and 32(¢) of Republic
‘Act No, 9211 are hereby repealed.

SECTION 21. Effectivity—This Act shall take effect fifteen (15) days after its publication in at

least two (2) newspapers of general circulation.

Approved,

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