rf hT::-::-:;  .-
-\'`
Republic of the Philippines
HOUSE OF REPRESENTATIVHS
Quezon City
NINETHENTH CONGRESS
Second Regular Session
HouseBi]]No.     9819
;.:-_:;!Jf tyrd`  . ""
€j
t=      i:i.A-.i'E
¢-      Ti?,i;¥
I  ?i   -g3¥ I-if,``b
-ap--
.+     +      I    k      -k
`--.-.-------:.---;-
INTRODUCED BY REP. REYNOLDS NICHAEL T. TAN
HXPLANATORY NOTH
Noncommunicable diseases (NCDs) such as cancer, cardiovascular disease, diabetes, and chronic
respiratory  diseases  account for  68%  of the total  deaths  in  the Philippines.I  Obesity  has  been
identified as a key risk factor for these NCDs.2 In the Philippines, the prevalence of overweight
and obesity among adolescents has increased from 4.9% in 2003 to 11.6% in 2018,3  with one out
of every  seven children aged 5  to 19 classified as overweight or obese4. Without interventions,
more than 30% of Filipino adolescents are estimated to fall into this category by 2030.5
The obesogenic environment within the Philippines prevents Filipinos, especially children, from
making healthy choices. 6  Marketing strategies that disproportionately target children7-who are
especially vulnerable to the influence of advertising and nutritional claims-impact their diets and
health.8 Nutrition irformation on food labels is often difficult to access as they are printed on the
back of product packaging, and even more difficult to understandutspecially among consumers
from lower-income households.9
It is the State's duty to "protect and promote the right to health Of the people and instill health
consciousness among them.10" The State must protect and promote the right of every Filipino to
the enjoyment of the "highest attainable standard of health,"[L and defend the right of children to
proper care  and  nutrition,  and "special  protection from  conditions that are prejudicial  to their
\ WTl!0 (2:019). Prevention cntid control Of noncorrmunicable diseases in the Philippines: The case f;or irrvestmenr' >p.I.
Available at buej2ijiqu\L± \}h`Lmty`dt`ics`defa
ctmtrol-ot'~j"ni"iTmi.unlictibjc~disea`es-in-the|-j2!±±±±jpineb---`ihe-i`a.+|`-for-m\'L`±_t±|±=ilH)d±'ti€i`tal'cl+,t,+cdJ{inuar.\:3`2{`}3+)
2 ,d.  at p. 4.
3 Department of Science  and Technology -Food and Nutrition Researeh Institute  (2021).  Expovic7ec7 IVc]1j.o#c}/ IVwtrJ./jo#
Survey  2021.   I.INI!CEE. Prevention Of Overweight  and Obesity in Children:  Ijandscape  A]ralysis  and  Priority  Actions
P hi lippines                                                             Briof ;                                                             8Naliidbhe                                                            at
https://www.unicef.org/eap/media/822I/fileA'revention%20of%200verweight%20and%200besity%20in%20Childhen:.pd
f
4Jd.
5  T.INI!CEF   (2;i )2:2:).  Everybody  Needs   to  Act  to  Curb  Obesity.   ANalLLabhe  at  lilli2±::\ry+ITlpiiifgiv}i5i2J_lrfui2J:ip±±ill:1:l±_
f.i//i/#``tz `  £J L`LJ7-`, 6f;t/i'-,.7tJtJc/.9-c7c./-c.7t7./7-fjbtJ,s 7Jt/. aast accessed January  23 ,  2o24).
6 TJNICEE (2;02T). Prevention Of overweight and Obesity in Chiidren: I,andscape Analysis and Priority Actions Philippines
Briof                                                                                                                         ANailable                                                                 _                _                 ...  _             a+
https://www.unicef.org/cap/media/8221/file/Prevention%20of%200verweicht%20and%200besity%20in%20Children:.pd
f ¢ast accessed January 23, 2024).
7  Research on children's exposure to television advertisements indicates that high-sugar, high-salt, and high-fat foods are
disproportionately more promoted than healthier altematives during child-viewing hours.   See FoodAct Asia ¢H) Policy
Brief (2;02:2:) . Tackling the Obesity Challenge :  Urgent Steps to Regulate TV Food Marketing in the Philippines .
8   TJNICEE    (2;02T).   Marketing   Of   Unhealtky   Foods    and   Nan-alcoholic   Beverages    to   Children.    AN8.rLdr;he   at
lil.Ltj2J*Li`:i_\_±u
I  I (}f),i' I /'file/'Ma]±±;±jng{}:{£j2±:i.stricliopLsiirdi. aast accessed January 23 , 2024).
9 S;inalzirl > ct al. (2Jf )13I). Sociodemographic dif f orences in the comprehension Of nutritional labels on j;ood products .
10 Philippine Constitution, art.11 (15).
I I Convention on the Rights of the Child, art. 24(1).


development."12 In meeting these duties, the State must strive to create a healthy environment that
enables Filipinos, especially children, to make healthy food choices.
This proposed measure aims to address the foregoing issues, and fulfil the above-mentioned duties
of the State, by:
(1) Introducing  front-of-pack  warning   labels  to  help   Filipinos   avoid   food  that   exceed
prescribed thresholds for energy, fat, sodium, and sugar; and
(2) Regulating marketing on various media channels and in locations frequented by children
to minimize the power of, and reduce the exposure of children to, marketing of food that
exceed prescribed thresholds for energy, fat, sodium, and sugar.
Similar policies in other countries have shown promising results, with front-of-pack labels having
been proven to reduce purchases of unhealthy food and beverages"  and marketing restrictions
leading  to   a   significant  decrease  in   children's  exposure  to  unhealthy  food   and  beverage
advertising.14
The  proposed  measure  aligns  with  our  shared  vision  of  creating  a  f7ecz/fry  Pz./JZ».#czs  where
d District, Samar
12 Philippine Constitution, art. XV (3).
I 3  UNICEF  (2021 ).  F7-o#f  a/ Pclc¢ IV%trj.Jz.o7I  I,cibe//J.7.g.  Available  at  ±±±±|±±J±;\LijiiLtLIfj±±;±±jl_=±±±g±±±±±±±aLilJ4(ii(±i:ii±±±:I.±±±±±L-iJ±
l'{ii`kt%3tjNutri{ion"/02(jl,iilL'1linft}`o:{`"i.OI'XL!j2±il.`(lastacoessedJanunry23,2024).
\4   TJNIJCEE    (cO2T).    Marketing   Of   Unhealtky    Foods    and   Non-alcoholic    Beverages    to    Cfajl_dre.    AvalihiLbhe   at
±Ltj?ns+,'1\L\+_\_\.ulli!±:jrdiiiedijif116691/fileAIarketing%20restrictions.pdf(lastaccessedJanunry23,2024).


Republic of the Philippines
HOUSE 0F RHPRESENTATIVES
Quezon City
NINETEENTH CONGRES S
Second Regular Session
HouseBillNo.     9819
INTRODUCED BY REP. REYNOLDS NICHAEL T. TAN
AN ACT To CREATE A HEALTHy FOOD MARKETING ENvmoNRENT By
REQumlNG FRONT-oF-PACKAGE WARNING LABELS FOR FooD HIGH IN FAT,
SODIUM, OR SUGAR AND REGULATING THE MARRETING 0F SUCH FOOD TO
-DREN
Be it enacted by the Senate and the Holise Of Representatwes Of the Philjppiires in Congress assembled:
ARTICLE I.           GENERAL PROVISIONS
SECTION 1.    S%o7Z #.f/a This Act shall be known as the `Healthy Food Marketing Environment Act".
SECTION 2.    Dec/¢7.ck.oH a/podr.ey. It is the policy of the State to protect and promote the right to health
of all Filipinos, and instill health consciousness anong them. It is likewise the policy of the State to protect
and promote the right of every child to the enjoyment of the. highest attainal]1e standard of health and to
defend their right to proper care and nutrition, which includes the right to healthy environments.
The State therefore recognizes the need to enal)1e 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.
SECTION 3.    Oty.cc#lJe. Tis Act aims to:
a.        Guide the populalon in making informed food purchase,s and discourage Filipinos-especially
children-from consuming food containing energy, fat,  sodium, and sugar in excess of the
prescribed maximuni thresholds; and
b.        Minimize  the  power  of,  and  reduce  the  exposure  of children  to,  marketing  of food  and
beverages  containing energy,  fat,  sodium  and sugar in excess  of the prescribed maximum
theshoids.
SECTION 4.    Def;gz.fro# a/£er»Is. As used in this Act:
a.        "Breastmilk substitutes" refers to any food being marketed or otherwise  represented as  a
partial or total replacement for breastmilk, whether or not suital>1e for that purpose;"
b.        "Calories" refer to the unit of measurement used to determine the amount of energy that a
food provides;
c.         "Child" refers to a person aged under 18 years old.
'5 National Code of Mar.keting of Breastmilk Substitutes, Breastmilk Supplements and Other Related Products, Exee,utive
Order No.  51, § 4-(a) (1986).


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 tanget or addre.ss children
jn their content ¢icensed 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 siniilar or
analogous  appeals.  Childrdirected  marketing  also  includes  marketing that  is  directed  to  a
parent (or another adult) where the end-consumer is a child.
e.         "Child-centered settings" refers to any location that is frequented by families and children
because of activities, attractions, or infrastructure targeted or directed to children, including
but not  limited  to  schools,  educational  establishments,  leaming  institutions,  playgrounds,
aniusement 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 telritory of the
Philippines and enters or could be received in another territory, as well as that which originates
outside the territory of the Philippines and is received or accessible within the territory.
"Complementary nutritional inform ation" 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, calbohydrates, dietary fiber content, critical nutrients,
vitaniins, minerals, including assertions of fortification.
h.        "Distributor" refers to any person to whom a prepackaged food product is delivered or sold
for purposes of distribution in colnmerce. Distributors include importers, exporters, traders, or
wholesalers.
I.         "Educational  establishment"  refers  to  any  establishment,  including  but  not  limited  to
schools, leaming institutions, play schools, sports carps, yoirfu development facilities, and
other places, where a child as defined in this Act engages in activities that contribute to their
overall growth and development through any means of instruction.
j.         "Food and beverages" means food and food products as defined by the FDA Act of2009 or
Republic Act No.  9711, p7`ot7.c7ec7 f¢czf any reference to "food" in this Act means "food and
beverages".
k.        "Food and beverage industry" means manufacturers, wholesale distributors, and importers
of prepackaged food required to have a waning label defined in this Act.
I.         "Front-of-package   warning   label   Q]OPWL)"   refers   to   the   supplementary   nutrition
infomiation on the main face of the packaging of prepackaged food to inform consumers when
a product contains excessive amounts of nutrients of concern;]6
in.       "Importer" means the consignee or the philippine agent or representative ofa foreign owner
or consignee of raw materials, ingredients, and/or finished prepackaged food at the time of
such entry of such aricle in the Philippines.
n.        "Health claim" means any representation or combination of representations that creates an
impression that a product is beneficial for bealth and well-being.
o.        "Main face"  refers to the part of the packaging that is intended to be displayed, where the
sales nanie and the brand or logo, if any, are recorded in their most relevant forms.
p.        "Manufarfurer" means a person who makes, mixes, cocks, packs, combines packaging or
modifies packaging of prepackaged food required to have a waning label under this Act. Ths
shall include any person who attaches one's own brand name to a prepackaged food product
manufactured, assembled7 or processed for them.
q.        "Marketing" means any form of commercial communication ofmessnges 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. "
"M-essage" 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.
!6WHO,GUDINGpRINclpLE.sANDFRAMEWoRKMANUAI,FORFRONTroF-pArKLABELLINGFctRpROMonNGImALTHyDETs
11  (2o 19); FAo& wllo, ccjDEx ALIRERTAmTs aNrmNATIONAI, FcioD sTANDARDs)  11  CXG 2-1985 (2o21)., pAHo,
FRONT-oF-PACRAGELABELING(AsApoLIcyTooLFORTREmEVENrloNoFN-ctN-coMMiTNIrABLEI)lsEASESINTrm
AIRICAS) 9 (2020).
]]--irsBA+i a.id TJinc;EE  (IDr2:)> PiRAFT| Minimitm sta]idards  and  gtiidelines  on actioiis  to  protect children f ram  the
harlllfill impact of moo.keling Offood coil nan-alcoliolic beverages in the ASEAN region.


u.
V.
W.
"Micro`  small, and  medium  enterprise  (MSRE)"  refers  to  food  business  operators  as
defined within the classification of industries by the Deparfuent of Trade and Industry.
``Nutrient" refer to any chemical substance normally consumed as a component of a food that:
(I) provides energy; and/or (2) is necessary for, or contributes to the gliowth, development,
and maintenance of health and life; and/or (3) the absence of which will cause characteristic
chemical or physiological changes to occur;
"Nutrient Profile Model" refers to a tool used to classify or rank prepackaged or processed
food according to their nutritional composition for reasons related to the prevention of disease
and the promotion of health;
"Nutrients of concern" refer to those nutrients that when ingested above the maximum values
are considered as risk factors associated with non-communicable diseases; these include but
are not limited to sugars, sodium, saturated fats, total fats, and calories. 18
"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 cafoohydrates, as well as the content of vitamins and minerals. Prov7.czec7,
that (1) the mention of substances in the list of ingredients; (2) the mention of nutrients as a
mandatory part of nutrition labelling;  (3)  quantitalve or qualitative declaration  of certain
nutrients  or  ingredients  on  the  label  if required  by  national  legislation  do  not  constitute
nutrition claims.1 g
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 prepackaged food.
y.        "Prepackaged food" refer to processed food prepared in advance and placed in a container,
lal]elled and ready for sale or distribution, or for catering purposes.
z.         "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 tanget and attract children.
aa.       "Public space" means a place accessible to the general public or a place for collective use,
regardless of ownership or right to access.
bb.      "Public transport" means any vehicle used for carriage of members of the public, usually for
reward or commercial gain, including taxis and vehicles for hire.
cc.      "Saturated  fatty  acid  (SFA)"  refers to  fatty acids that contain the maxinum  number of
hydrogens possible, and no carbon¢arbon double bonds. Saturated fatty acids are classified as
short chain (1-5 carbons), mediuni chain (6-12 carbons), and long chain (13-21  carbons) and
very long chain (contains 22 and more cafoons) according to the carbon chain length;
dd.      "Sodium"  refers to  a chemical element that exists naturally in food, associated with other
molecular residues or atoms as an ionic bond, forming chemical salts. It is of great iniportance
since it helps to maintain the water and base acid balance of any onganism, constituting its
most common compound, sodiuni chloride or wbat is usually called table salt. Likewise, we
find other sodium salts that are of industrial origin, such as monosodium glutaniate (flavor
enhancer);    benzoate,    sodiuln    acetate,    sodiuni    bicarbonate    (acidify    regulators    and
preservatives);  sodium hydroxide, sodium  cafoonate (acidify regulator); sodium erythorbate
(antioxidant), among others.  One gram of table salt' contains 400mg of sodium (I  gram of
sodium is equivalent to 2.5 grans of table salt);
ee.       "Sponsorship" means any form of contribution to any event, activity or individual with the
aim,  effect  or  likely  effect  of promoting  a  food  or  beverage  product  either  directly  or
indirectly.2o
ff.        "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  of a
crystallized solid product or syrup used as an ingredient in food products;
gg.      "Total fat" refers to the total amount offal in a food product. This includes the saturated fat,
trans-fat, monounsaturated, and polyunsaturated fat in a food product;
bh.      ``Trans  fatty   acid   (TFA)"   refers  to  all  fatty  acids  with  a  double  bond  in  the  trans
configuration, regardless of whether they are produced industrially or come from  ruminant
sources. Naturally occurring trans fats, like those coming from ruminant sources (e.g., cow,
goat, carabao,1anib, deer, etc.) are perfectly safe and healthy for humans. Industrially produced
trans fats, both coming from hydrogenation and those formed through high heat, are the ones
that are toxic and sbould be removed from the food supply.
]8 Noma Oficial Mericam 051/2020 INOM 051/2020], Art. 3.38 (2020) Ovlerico).
]9 Food and Agriculture Organization of the United Nations & World Health Organization, Coc7ex 4/7.77)f}zfarJ.7/.g..
Interlrarional Focl£1 Staiidards, Gitidelines on Nutrition Labelirig 8Ls o£ TQ2\ .
•~°  A;SEAII  a:nd TJNICEE  (202.2.), FT}rRAFF| Miriimuin  standards  and  gtiideliiies  on  actiolis  to  protect cliildrei. f rom  the
hcli.Iirf ul inipact Of liiarketilig Of f oocl ctiid noii-alcoliolic beverages in the ASEAN region.


SECTION 5.     Genera/ rzf/e o" st¢fwfor.v co7!sfr#cfroEL  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 sball be resolved in favor of the
State policy to priotect ptlblic health.
Nothing in this Act shall be construed as limiting the powers of local government units a,GUs) under the
general welfare clause of Republic Act No. 7160 or the Local Government Code.
ARTICLE II.         MAXIMUM VALUES OF NUTRIENTS OF CONCERN IN
PREPACKAGED FOOD PRODUCTS
SEC"OIN 6.    Maxinum values  Of nutrients  Of concern for prapackaged food. The Dapameut o£
Health @OID shall develop or adopt a nutrient profile model (NPM) to detemine the maximuln values of
energy,  sugar,  sodium,  saturated  fat,  total  fat,  and  other nutrients  for prepackaged  food.  Pending the
development of a local NPM, the WIIO Nutrient Profile Model for Soth-East Asia Region chall be used
as the basis for such maximum values.  The DOH may coordinate with the Department of Science and
Technology  -  Food  and  Nutrition  Research  Institute  @OST-FNRI)  in  developing  an  NPM  for  the
Philippines.
ARTICLE Ill.        FRONT-OF-PACKAGE WARNING LABELS
SECTION 7.    fl4l¢#datory/ronf-a/-package TiJ¢r#z.#g /¢beJs. No person shall sell, manufacture, impolt,
or distribute prepackaged food without a front-of~package waming label as prescribed in this Act, when the
final composition of the product contains nutrients of concern that exceed the maximum values prescribed
under Section 6 of this Act.
SIE:C"OIN 8.    Form, size, placement, and characteristics of the warning label.
a.        The waming latel sham be displayed in a mannerprescribed by the FDA, in accordance with
V1.
the following guidelines:
The packaging must include one w-aming label for each mrfuent of concern in excess of
prescribed values, namely:
•         `HGH IN SUGAR"
•         `fflGH IN SODIUM't
•        `"GH IN SATURATED FAT"
•        `HGH IN TOTAL FAT"
If the product's calories is in excess of the prescribed values the package must include
the following waming label:
•        `"GH IN CALORIES"
If the product contains  sweeteners, the  package must include the following waming
label:
•        "cONTAINs swEETENERs, NOT REcoMMrmED FOR clHLDREN".
The waming label shall have the form of black octagons with a white edge and capital
letters;
The size of each waming label shall never be less than five percent (5%) of the total
area of the main face of the packaging;
The warning label shall form part of the packaging and its full visibility and integrity
must not be susceptible to being damaged, concealed, obstructed or changed by any
package design, feature, or mechanism, or covered by any other markings;
The waning label must be located on the top right edge of the product's main face. If
the shape of the product is round or cylindrical, it must be on the top center of the main
face. For products in which the main face of the packaging is equal to or less than ten
(10) square centimeters, it will contain a single octagon that will show inside of it how
many nutrients of concern above the thresholds the product has.  The warning label shall
be 15°/o of the total area of the front of the package.
If the food or beverage has more than one waning label, they must be placed adjacent
to each other on the product's main face.
For packages with multiple products, the outer packaging, as well as each individual
package inside must also include the waning lalel.


The  provisions  established in this  Section  are  applied in  addition to the existing  mles  and regulations
governing  the  labeling  of prepackaged  food  distributed  in  the  Philippines.  In  addition,  the  FDA  is
encouraged to release guidelines pertaining to the placement of products at the point of sale.
SECTION 9.    Erchz.bife.o# ¢g¢j#st #!z.s'/e¢dz.Jig c/or.ms. It is absolutely prohibited for all prepackaged food
required to have a warning lal)el under Section 7 of this Act to contain:
a.            Complementary nutritional information;
b.            Logotypes or phrases stating the sponsorship or endorsements of sciendfic societies or civi'i
associations; and
c.            Any other health and nutrition claim.
SECTION 10.  AVsbrandcd  A violation under Sections  7,  8,  or 9  of this Act shall  render the product
misbranded under Republic Act No.  9711. Pursuant to Section  11  of Republic Act No.  3720 as amended
by Repubhc Act No. 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 ormisbranding of any food.
SECTION 11.  Exemptions. Prepackaged food for special therapeutic dietary uses that are formulated for
a particular physiological  condition or as partial replacement for meals, and culinary ingredients which
typically consist of only one nutrient in high purity (such as cooking oils, title sugars, common table salt,
etc.)  shall  follow their respective  lhoeling  requirements  and  shall  be  exempted  from the  obligation to
incorporate a nutritional waning label. Breastmilk substitutes shall likewise be exempted from this Act and
shall follow the guidelines promulgated by Executive Order No. 51, series of 1986, its inplementing rules
and regulations and other pertinent regulations.
ARTICLH IV.        RESTRICTIONS ON THE MARKETING OF PREPACKAGED FOOD
PRODUCTS REQUIRED T0 IIAVE A WARNING LABEL
S;rf3CTTOIN [2,.  Minimidng the power Of child-directed marketing.
a.         It is absolutely prohibited to employ child-directed marketing or to initiate, produce, publish,
C.
broadca§fty or disseminate any marketing that employ childrdirected marketing techniques for
all prepackaged food required to have a waning label under Section 7 of this Act.
All persons who sell, manufacture, distribute, or import prepackaged food that are required to
have a waming label 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 perfomier.
The DOH is hereby authorized to identify and regularly publish a schedule of forms, methods,
and means of marketing that ae considered childrdirected madsting under this Act, and other
similar  and  analogous  appeals to  childrdirected  marketing  techniques  for the  guidance  of
relevant stakeholders.
S;ECTTOIN T3.  Redrcing exposure Of children to the marketing Of prapackaged food required to have a
w¢r#z.#g /¢bcz  It is absolutely prohibited to market prepackaged food required to have a waning label
under Section 7 of this Act in the following settings:
a.           In and within 250 meters from any point of the perimeter of child-centered settings; and
b.            Between 6:00 a.in. to 10:00 p.in. 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
OuCB).
c.            Between 6:00 a.in. to 10:00 p.in. for all progranis and commercials broadcast on radio.
SECTION 14.   PP%e#  co#zj7!#"J.ca¢}.o#  is #o!  cojtsg.dared mflr*erz.#g.  The  following  erdaustive  list  of
communications and actions shall not be considered marketing of prepackaged food  required to have a
waming label under Section 7 of this Act even if likely to have an incidental promotional effect, provided
they are reported to the DOH as required under Section 15 of this Act:
a.        Display  of bland  name,  product name,  and/or manufacfurer's  name  on  prepackaged  food
product packaging, without any marketing features on the package;


b.        Dissemination  or  reporting  of  information  on  company  pratices  that  do  not  involve
contributions to  other pardes,  where  required  for necessary  business  administration or for
mandated corporate reporting;
c.        Legitimatejoumalistic, artistic, oracademic express].on offood and beverage content and
genuine social or political commentary, authored or created by naned 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 infomation provided to entities within the food and beverage industry trade, with
access only to persons/entities who need the information; and
e.         Manufacturers  and  distributors'  newsletters  destined  for  distribution  within the  food  and
beverage industry and related business parfuers.
SECTION IS.  Promoting tra!'isparency in f ood and beverage marketing. Wit: iris two (2,) years from the
date of effechvity of this Act, large enterprises (as defined by the Department of Trade of Industry) in the
food and beverage industry shall submit an armual report  to the Deparinent of Health -Health Promotion
Bureau (IITB), copy furnishing the   FDA-CFRR, detailing all expenditures relating to the marketing of
prepackaged food  required to  have  a waning lal>el under Section  7  of this  Act The DOH-mB  shall
prescribe the manner and form of such report and shall provide sanctions for non-compliance.
ARTl CLE v.         IrmLEMEN TATI ON
SECTION 16.  £e¢d flge#cj7. The DOH shall oversee and ensure the implementation of the provisions of
this Act in coordination with the agencies that sbal] comprise the inter-agency task force in Section  17 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 17 for the implementation of this Act.
SEC"OIN L] .  National Task Force for a Healthy Food Markedng Environment.  To erlsNIe .rutel-
agency coherence and consistency in the inplementation of Articles Ill and IV of this Act, a National
Task Force (NIT) for a Healthy Food Marketing Environment is hereby created.
a.        The NTF shall be composed of the following persons and/or heads of the following offices, to
wit:
DOH
FDA
CWC
Department of Educaton @epEd)
Department of Tfade and hdustry
Department of the Interior and Local Government
Land Transportation Franchising and Regulatory Board
Early Childhood Care and Development qccD) Council
National Council for Children's Television
The Deparment Secretaries or Chalxpersons may designate permanent and alternate
representatives to the NTF.
b.        The NTF shall:
lv.
Chairperson
Vice Chairperson
Vice Chairperson
Member
Member
Member
Member
Member
Member
anthorized
Coordinate and align programs, strategies, and activities to enforce the provisions of
this Act, as applicable;
Monitor and evaluate implementation of this Act;
Develop   and   regulady   implement   a   nationwide   social   and   behavior   change
communication  (SBCC)  campaign to promote the  consumption of healthy food  and
beverages, incre,ase health and nutrition literacy among Filipinos, emphasize the risks
of overconsuniing foods that are high in fats, sodium, and sugar, and discourage the
consumption of prepackaged food required to have a waning label; and
Develop  and  implement  programs  and  activities  to  build  the  capacity  of the  NIT
members to fulfil their mandates and functions under this Act.


C.
The NIT mav` 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 fimchons under this Act, prov7.c7et7, that
Sections 23 and 24 ofthfs Act are strictly complied with.
SECTIOIN T8.  Powers and functions Of the menlbers Of the National Task Force for a Health  Food
Marketing Enwironmeiit
a.         The DOH shall:
iii.
Regularly convene the NTF as chairpersc>n and coordinate with its members to develop
and implement strategies and activities to enforce the provisions of this Act;
Regularly  publisb  a  schedule  of forms,  methods,  and  means  of marketing  that  are
considered childrdirected marketing as defined under this Act, and other similar and
analogous appeals to childrdirected marketing techniques;
Coordinate with the FDA, ECCD, DTI-CFRR, and LGUs, as applicable, to enforce the
marketing prohibitions in and within 250 meters from any point of the perimeter of
child-centered settings under Section 13(a) of this Act;
Identify other child-centered settings as defined under this Act, in coordination with the
Deparfroent of Education and ECCD Council;
Develop  guidelines  to  enforce  the  prohibitions  under  Section  13(a)  of this  Act,  in
coordination with the FDA and CWC;
Develop and implement programs, strategies, and activities to promote healthy food and
beverages, in coordination with the DILG for local implementation under Section 19 of
this Act and with the DepEd for inp]ementation within schools;
Implement SBCC strategies and activities to promote the consumption of healthy food
and beverages among Filipinos pursuant to Section 17@)(iii) of this Act;
Oversee the development of progranis 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 NTIT members and other relevant stakeholders;
b.        The FDA, through the center for Food Regulation and Research shall:
1.           Assist the DOH in convening the NTF, as vice chairperson;
ii.           Enforce the prohibitions relating to waning lad)els under section 7, 8, and 9 of this Act;
111.           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 7, 8, 9, and l2 of this Act;
v.           Coordinate  with  the  DOH to  develop  guidelines  to  enforce  the  prohibitions  under
Section  13(a) of this Act;
vi.           Implement sBCc strategies and activities to promote the consumption of healthy food
and beverages among Filipinos pursuant to Section 17@)(iii) of this Act;
C.
The CWC shall:
Assist the DOH in convening the NTF, as vice chairperson;
Coordinate  with  the  DOH  to  develop  guidelines  to  enforce  the  prohibitions  under
Section  13(a) ofthjs Act;
Implement SBCC strategies and activities to promote the consumption of healthy food
and beverages aniong Filipinos pursuant to Section 17®)(iii) of this Act, especially for
children;
d.         The DepEd shall:
e.
Coordinate   with   schools   and  local  government  units  to   enforce  the   marketing
prohibitions in and within 250 meters from any point of the perimeter of child-centered
settings under Section  13(a) of this Act;
Implement SBCC strategies and activities to promote the consulnption of healthy food
and beverages aniong Filipinos pursuant to Section 17®)(iii) of this Act, within schools,
such  as  but  not  limited  to  developing  curriculum  materials  on  food  marketing  to
children, as pat of the media and information literacy subject, and nutritional warnings.
The DTI shall:
Enforce  prohibitions   against  childrdirected  marketing  through  sponsorship  under
Section  12®) of this Act, provJ.c7ec7 f/7tzf when the violation occurs in and within 250


meters from any point of the perimeter of child¢entered settings, Section 13 shall apply
and be enforced by the FDA , ECCD, and LGUs, as applicable;
Enforce the marketing prohibitions for broadcast radio under Section 13(c) of this Act;
Support LGUs to enact and inplement ordinances or executive orders under Section 19
of this Act;
f.         The DILG shall:
I.            Support LGUs to enact and inplement ordinances or executive orders under section 1 9
of this Act;
9.        The LTFRB sball:
1.            Enforce prohibitions against childrdirec.ted marketing under section  l2 of this Act in
public utility vehicles;
h.         The ECCD Council shall:
Enfolice  the  marketing prohibitions  in and within  250 meters  from  any point of the
perimeter of child¢entered settings under Section 13 (a) of this Act, in coordination with
the DOH;
Coordinate  with  the  DOH  for the  identification  of other  child-centered  settings  as
defined under this Act; and
The NCCT shall:
Enforce the marketing prohibitions for broadcast television under Section 13®) of this
Act.
SECTI0T` 19.  Local implementation.
a.         LGUs, through appropriate issuances such as ordinances or executive orders, shall estalDlish
C.
mechanisms to enforce the provisions under Sections 7, 8, 9, 12, and 13(a) of this Act, within
their jurisdictions and shall impose penalties for violations thereof.  For this purpose,  local
health boards  qllBs) and local councils for the protection of children qcpcs) shall regularly
monitor the compliance of LGUs with the provisions of this Act.
All LGUs are enjoined to form Local Task FOFces for Healthy Food Marketing Envirormient
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 proce,edings therefor. Sucb task
forces  shall  be  led  by  a local  office  with  expertise  on  childhood  nutrition  and/or health
promotion, and shall include yoith and civil society representation, which representation shall
strictly comply with Sections 23 and 24 of this Act. The LTF shall submit reports to the NIT
of any  proliibited  marketing  herein  denied,  removed,  disal)led,  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, progranis, and
activities consistent with this Act.
SECTION 20.  Ro/e a/ ffee Ad SrflJldards  Cowj®Of4  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.
SECTION 21.  J#spect.o# po.¢Jers and record kequI."g. 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 7, 8, 9, or 12 of this Act. The FDA shall develop guidelines to prescribe
procedures and requirements for record-keeping.
SECTTONZ2.  Comphance   by   miaro,   small,   and   medium   enterprises   (MSMEs).   The  T}:F1.  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 prepackaged food covered
by this Act.
SECTION 23.  Poliay    against    indrstry    interference    Govermmeat,    including    instintions    and
instrunentalities 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.
SECTIor{ 24.  Declaration against confoict Of interest  AFT represen±chves of government agencies and
organizations,  including civil  society,  non-government,  grassroots,  and international  onganizations,  that
take any part, directly or indirectly, in the setting and implementing  of policies and measures that are part
of the  strategic  franiework  of measures  to  reduce  overweight  and  obesity  shall  be  required  to  fully
accomplisb 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 industly'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 infomiation.
S;ELCTTOIN Z5.  Multisectoral coordination and civil society participation for enforcement, monitoring
and survdlllance.
a.        The state recognizes the role of civil society organizations and the private sector in promoting
public health. The P`ITF members in Section 17 herein may engage civil society ongahizations
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 24, to
provide technical assistance in implementing and monitoring the provisions of this Act. The
DOH shall develop and implement progranis to enable citizen paricipation in compliance with
this Act.
b.        Any citizen or civil society, non-government, and grassroots onganization is hereby authorized
to  file  an  appropriate  civil,  criminal,   or  adminstralve  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.  h  the  event that the  plaintiff sball  prevail,    the  court  shall  award  reasonable
attomey's fees, moral damages, and htigation costs as appropriate. The administrative, civil,
and criminal actions allowed under this paragraph shall be cumulative and shall not preclude
C.
any other person from filing a similar aedon.
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.
S;EC"OIN Z6.  International cooperation and provision an technical and financial assistance.
a.        The state recognizes that international and regional cooperation is an inportant component of
regulating cross-border marketing of prepackaged food required to have a waning label.
b,        For this purpose, NTF members may seek and receive technical and/or financial assistance
from international onganizations, 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
pusuing the objectives of this Act, subject to existing laws, rules, and regulations, p7`ov7.c7ct7
fhaf, Sections 23 and 24 of this Act are strictly complied with.
ARTICLE VI.        PENALTIES
SECTION 27.  Pe#¢ife.es. The following penalties shall be imposed for each violation of the prohibitions
in this Act:
a.
For violations of Sections  7,  8,  9,  12,  and  13  of this Act,  the following penalties  shall  be
imposed:
Offender                   First (1St) offense          Second (2nd) offense         Third (3rd) offense
Large enterprise
Fine  of not  less  than    Fine  of not  less  than    Fine  of not  less  than
fivehundredthousand    one      million      pesos    five     million     pesos
pesos   (Php   500,000)    Q'hpl,000,000)butnot    (Php5,000,000)       but


MSMEs  or anv  other
entelp ri s e                not
considered  as  a  large
entexprise by the DTI
Natural person
but not more than one    more than five million
million    pesos    Ohp    pesos (Php 5,000,000)
1,000,000)
Fine  of not  less  than    Fine  of not  less  than
five   thousand   pesos    ten     thousand    pesos
¢hp  5,000)  but  not
more        than        ten
thousand  pesos   Q'hp
10,000)
Fine of not more than
five   thousand   pesos
(P5,000)
a'hp   10,000)  but  not
more     than     twenty
thousand   pesos   Ohp
20,000)
Fine  of not  less  than
five    thousand    pesos
Ohp  50,000)  but  not
more        than        ten
thousand   pesos   Q'hp
10,000)
not    more    than    ten
million     pesos     0?hp
10,000,000)
Fine  of not  less  than
twenty thousand pesos
O'hp  20,000)  but  not
more       than        fifty
thousand   pesos   (Php
50,000)  for  the  third
offense.
Fine  of not  less  than
ten    thousand    pesos
Q'hp   10,000)  but  not
more     than     twenty
thousand   pesos   (Php
10,000)                          or
iniprisorment   of  not
more    than    one    (1)
year,  or  both,  at  the
discretion of the court
b.    An additional fine of one percent (1%) of the economic value or cost of the violative product or
one thousand pesos Q'1,000), whichever is higher, sball be imposed for each day of the
continuing violation.
c.    The penalties imposed in this Section shall be without prejudice to other I.emedies or penalties and
sanctions that are available or may be imposed by law.
d.    No person shall be subject to the penalties under this Sechon for having sold, offered for sale, or
transferred prepackaged food that are not compliant with the provisions of Sections 7,  8, 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 falth if the seller or distributor has obtained, in writing, a guaranty
from the person or food business operator from whom the prepackaged food were obtained, that
sald prepackaged food  are not covered by the requirements under Sections 7 and 8 of this Act.
SECTION 28.  Orfeer co„ec#.ve ¢c#.o7]s. In addition to the fines and penalties in Section 27, 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 prepackaged
food that are considered misbranded under Seedon  10 of this Act, or   items that constitute
prohibited marketing under Sections 12 or 13 of this Act;
b.        Issuance  of takerdown  orders  against prohibited  advertising, promotious,  and  sponsorship
content under Sections  12 or 13 of this Act;
c.         Suspension, revocation, or cancellation   of apphcable licenses, registrations, and permits to
operate for business establishments and operators or drivers of public utility vehicles;
d.        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 prepackaged food that are considered misbranded under Section  10 of this
e.
Act;
Closure of the establishment by LGUs having jurisdiction over premises where a violation of
this Act has been committed.
SECTTOIN T9.  Liability Of juridical and other persons.
a.        Should a violation of this Act be committed by ajuridical person. the chair of the Board, the
President, the General Manager, or the partners and/or the persons directly responsible therefor
shall be penalized.
b.        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 rerentering
the Philippines.


c.        h case a violation is committed by, or in the interest of a foreignjuridical person duly licensed
to engage in business in the Philippines, such license to engage in business in the Philippines
shall be immediatelv revoked.
SECTION 30.  £z.¢bj/ztjJ  a/goticr##ze#f oJj75cz.¢ds  4"d e#!p/ojJecs.  Public  officials  and  employees  who
violate Section 23 or 24 of this Act, or wbo deliberately or knowingly fall to fulfill their responsibilities
under this Act, shall be subject to administrative disciplinary action pursuant to relevant laws, rules, and
regulations.
ARTICLE VII.       FINAL PROVISIONS
SECTroN 31.  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 manngement and control of the Trust Fund.
SECTION 32.  Co#zp/ie#ce #!o"ZfoH.Jig. Not later than three (3) years after the date of the effectivity of
this Act,  and annually thereafter, the DOH shall submit to the Pliesident 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 infomation.
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  ac available ormay be imposed by law for such
delay or non-compliance.
SECTION 33.  Jmp¢ct ¢sscss"c#£ 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
assesslnent.
SECTION 34.  JmpJc#ze7!#.#g rzf/es ¢7!d regz/J¢#.o"s fflziJ. The DOH, in consultation with the members
of the  NIT  in  Section  17,  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, aniong others, the phases of inplementation, prov7.c7ec7 I/]c]f, non-issuance of the RR shall not prevent
the implementing agencies from enforcing this Act upon its effectivity.
SECTION 35.  rr¢#sz.fory p7.ovisJ.ora  Existing  industries,  businesses,  manufacturers,  distributors,  and
other stakeliolders  affected by the  implementation  of this  Act  shall  be  given  six  (6)  months  from  the
effectivity of this Act to comply with its requirements.
SECTION 36.  4zxproprz.ct.o#s. 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 armual General Appropriations
Act.
SECTION 37.  Rapc¢/I."g  cJ¢#se   AIl   laws,   decrees,   ordinances,   administrative   orders,   rules   and
regulations, or any part thereof, which are inconsistent with this Act are repealed or amended accordingly.
SECTION 38.  Sep¢robz./try   c/¢#sc.   Should   any   provision   of  this   Act   be   subsequently   declared
unconstitutional, the other provisions not so declared shall remain in full force and effect.
SECTION 39.  E/greet.vz.ty.  This Act shall take effect fifteen (15) days after its publication in the Official
Gazette and at least tw-o (2) newspapers of national circulation.
Approved,