Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. 10361 
INTRODUCED BY REP PM VARGAS 
AN ACT  
ESTABLISHING A HEALTHY FOOD MARKETING ENVIRONMENT BY 
REQUIRING FRONT-OF-PACK NUTRITIONAL WARNINGS FOR FOOD HIGH 
IN FAT, SODIUM, OR SUGAR AND REGULATING THE MARKETING OF 
SUCH FOOD TO CHILDREN 
EXPLANATORY NOTE 
The Philippine Statistics Authority has identified that the number one 
leading cause of mortality in the country is non-communicable diseases such as 
coronary heart disease (CHD), cerebrovascular diseases, diabetes mellitus, and 
hypertensive disease. CHD alone accounts for 17.1 % of the deaths registered in 
the country in 2021. 
Although NCDs are preventable, many remain vulnerable because of poor 
dietary choices and excessive consumption of foods high in fat, sodium, and 
sugar. One of the key factors that play a significant role in shaping consumer 
preferences and food influencing food choices is marketing practices, particularly 
those targeting children. 
Cognizant of the growing threat of NCDs caused by dietary factors in the 
country, the “Health Food Marketing Environment Act”, proposes the adoption of 
front-of-pack warning labels for all pre-packaged food to raise awareness among 
consumers to make informed decisions about food products that are high in salt, 
sugar, saturated fats, and trans fats.  
The bill further aims to protect children from the influence of marketing 
strategies used to promote unhealthy foods by imposing restrictions on 
advertising and promotional activities targeted at children, specifically for 
products that fail to meet established nutritional standards. 
With an established structure for healthier food choices, especially among 
children, the State ensures that it protects and promotes the right to health of 
the people and instills health consciousness among them. The State additionally 
empowers its people by having a transparent and health-conscious food 
May 7, 2024
12:04 pm


environment equipped with the right information, protecting them from the 
influence of unhealthy food marketing, and promoting the availability and 
consumption of nutritious food options.  
By addressing the root causes of unhealthy dietary habits, this legislation 
aims to improve public health outcomes and reduce the burden of diet-related 
diseases for better longevity in the country.   
In view of the foregoing, immediate passage of this bill is earnestly sought. 
REP. PM VARGAS 
Fifth District, Quezon City 
 


          Republic of the Philippines
       House of Representatives 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
Second Regular Session 
House Bill No. 10361 
INTRODUCED BY REP PM VARGAS 
AN ACT  
ESTABLISHING A HEALTHY FOOD MARKETING ENVIRONMENT BY 
REQUIRING FRONT-OF-PACK NUTRITIONAL WARNINGS FOR FOOD HIGH 
IN FAT, SODIUM, OR SUGAR AND REGULATING THE MARKETING OF 
SUCH FOOD TO CHILDREN 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
ARTICLE I. GENERAL PROVISIONS 
SECTION 1. Short Title. This Act shall be known as the “Front-of-Package 
Warning Label Act” of 2023.  
SECTION 2. Declaration of Policy. It is the policy of the State to protect and 
promote the right to health of all Filipinos, instill health consciousness among 
them and to defend the right of children to proper care and nutrition. It is likewise 
the policy of the state to protect consumers from trade malpractices and from 
substandard or hazardous products. Towards these ends, the State recognizes 
the need to enable Filipinos to make informed food choices and avoid food that 
are high in fats, sodium, and sugar through easy-to-read warning labels on 
prepackaged food. 
SECTION 3. Objectives. This Act seeks to: 
a. Guide the population in making informed food purchases and
discourage people  from consuming food with fat, sodium, and sugar
content in excess of the prescribed maximum thresholds;
b. Reduce the risk of overweight and obesity;1 and
c. Prevent deaths due to non-communicable diseases caused by dietary
risk factors.2
1 WHO, GUIDING PRINCIPLES AND FRAMEWORK MANUAL FOR FRONT-OF-PACK LABELLING FOR PROMOTING HEALTHY DIETS 1 (2019) 
2 Id. 


 
 
SECTION 4. Definition of Terms. For the purposes of this Act, the following 
terms shall be defined as follows: 
a. Breastmilk Substitutes means any food being marketed or 
otherwise represented as a partial or total replacement for 
breastmilk, whether or not suitable for that purpose;3 
b. Calories refer to the unit of measurement used to determine the 
amount of energy that a food provides; 
c. Complementary Nutritional Information may state, suggest, or 
imply that a food or beverage possesses particular nutritional 
properties, especially, but not limited to its energy value, protein, fat, 
carbohydrates, dietary fiber content, critical nutrients, vitamins, 
minerals, and even assertions of fortification; 
d. Food refers to any substance or product, whether processed, 
partially processed, or unprocessed that is intended for human 
consumption. It includes drinks, chewing gum, water and other 
substances that were used as an ingredient or a component in the 
manufacture, preparation, or treatment of food, such as oils and 
fats, whether sold alone or incorporated in processed food and/or 
prepackaged food; 
e. Front-of-Package 
Warning 
Label 
(FOPWL) 
refers 
to 
the 
supplementary nutrition information on the main face of the 
packaging of prepackaged food to inform consumers when a product 
contains excessive amounts of nutrients of concern;4 
f. Main face refers to the part of the packaging where the sales name 
and the brand or logo, if any, are recorded in their most relevant 
forms; 
g. Micro, small, and medium enterprise (MSME) refers to food 
businesses as defined within the classification of industries by the 
Department of Trade and Industry; 
h. Nutrient Profile Model refers to a tool used to classify or rank foods 
according to their nutritional composition for reasons related to the 
prevention of disease and promotion of health; 
i. Nutrients refer to any chemical substance normally consumed as a 
component of a food that: 1) provides energy; and/or 2) is necessary 
for, or contributes to the growth, development, and maintenance of 
health and life; and/or 3) the absence of which will cause 
characteristic chemical or physiological changes to occur; 
j. Nutrients of concern refer to those nutrients that when ingested 
above the maximum values are considered as risk factors associated 
with NCDs; these include but are not limited to sugars, sodium, 
saturated fats, total fats, and calories;5 
k. Prepackaged food refer to processed food prepared in advance and 
placed in a container, labelled and ready for sale or distribution, or 
for catering purposes; 
 
3 National Code of Marketing of Breastmilk Substitutes, Breastmilk Supplements and Other Related Products, Executive Order No. 51, § 4(a) (1986). 
4 WHO, GUIDING PRINCIPLES AND FRAMEWORK MANUAL FOR FRONT-OF-PACK LABELLING FOR PROMOTING HEALTHY DIETS 11 (2019); FAO& WHO, 
CODEX ALIMENTARIUS (INTERNATIONAL FOOD STANDARDS) 11 CXG 2-1985 (2021); PAHO, FRONT-OF-PACKAGE LABELING (AS A POLICY TOOL 
FOR THE PREVENTION OF NONCOMMUNICABLE DISEASES IN THE AMERICAS) 9 (2020). 
5 Norma Oficial Mexicana 051/2020 [NOM 051/2020], Art. 3.38 (2020) (Mexico). 


 
 
l. Saturated fatty acid (SFA) refers to fatty acids that contain the 
maximum number of hydrogens possible, and no carbon-carbon 
double bonds. Saturated fatty acids are classified as short chain (1-
5 carbons), medium chain (6-12 carbons), and long chain (13-21 
carbons) and very long chain (contains 22 and more carbons) 
according to the carbon chain length; 
m. Sodium refers to a chemical element that exists naturally in food, 
associated with other molecular residues or atoms as an ionic bond, 
forming chemical salts. It is of great importance since it helps to 
maintain the water and base acid balance of any organism, 
constituting its most common compound, sodium chloride or what 
is usually called table salt. Likewise, we find other sodium salts that 
are of industrial origin, such as monosodium glutamate (flavor 
enhancer); sodium benzoate, sodium acetate, sodium bicarbonate 
(acidity regulators and preservatives); sodium hydroxide, sodium 
carbonate (acidity regulator); sodium erythorbate (antioxidant), 
among others. One gram of 'table salt' contains 400mg of sodium (1 
gram of sodium is equivalent to 2.5 grams of table salt); 
n. Sugar refers to sucrose, fructose, or glucose obtained from the 
industrial processing of sugar cane, sugar beet, hard yellow corn, 
and their mixtures, among others, in the form of a crystallized solid 
product or syrup used as an ingredient in food products; 
o. Total fat refers to the total amount of fat in a food product. This 
includes the saturated fat, trans-fat, monounsaturated, and 
polyunsaturated fat in a food product;6 
SECTION 5. Scope and Application. This Act shall apply to all food business 
operators of prepackaged food produced, manufactured, imported, distributed, 
supplied, and advertised or marketed in the territory of the Philippines. 
ARTICLE II. FRONT-OF-PACKAGE WARNING LABELS 
SECTION 6. Mandatory Front-of-Package Warning Labels. No person or food 
business operator shall sell, manufacture, import, or distribute, prepackaged 
food and non-alcoholic beverages without a front-of-package warning label 
prescribed in this Act, when the final composition of the product contains 
nutrients of concern that exceed the maximum values prescribed under Section 
8 of this Act. 
SECTION 7. Form, Size, Placement, and Characteristics of the Warning 
Labels.   When the final composition of the pre-packaged food product contains 
critical nutrients or calories in excess of the maximum values under Section 8 of 
this Act, the packaging shall display a warning label as prescribed by the Food 
and Drug Authority (FDA), in accordance with the following guidelines: 
 
6 US FDA, Interactive Nutrition Facts Label at 1, available at 
https://www.accessdata.fda.gov/scripts/interactivenutritionfactslabel/assets/InteractiveNFL_TotalFat_October2021.pdf (last accessed July 6, 
2023). 


 
 
a. The packaging must include one warning label for each nutrient in 
excess of prescribed values, namely:  
o “HIGH IN SUGAR”;  
o “HIGH IN SODIUM”;  
o “HIGH IN SATURATED FAT”;  
o “HIGH IN TOTAL FAT”;  
b. If the product's calories is in excess of the prescribed values the 
package must include the following warning label: 
o “HIGH IN CALORIES”. 
c. If the product contains sweeteners, the package must include the 
following warning label:  
o “CONTAINS SWEETENERS, NOT RECOMMENDED FOR 
CHILDREN”. 
d. The warning label shall have the form of black octagons with a white 
edge and capital letters; 
e. The size of each warning label shall never be less than five percent 
(5%) of the area of the main face of the packaging; 
f. The warning labels shall form part of the packaging and their 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; 
g. It must be located on the top right edge of the product’s main face. 
If the shape of the product is round or cylindrical, it must be on the 
top center of the main face. For products in which the main face of 
the packaging is equal to or less than ten (10) square centimeters, it 
will contain a single octagon that will show inside of it how many 
nutrients of concern above the thresholds the product has.  The 
warning label shall be 15% of the front of the package. 
h. If the product has more than one warning label, they must be placed 
adjacent to each other on the product’s main face. 
i. For packages with multiple products, the outer packaging, as well as 
each individual package inside must also include the warning label. 
The provisions established in this Section are applied in addition to the existing 
rules and regulations governing the labeling of prepackaged food distributed in 
the Philippines.7 In addition, the FDA is encouraged to release guidelines 
pertaining to the placement of products at the point of sale. 
SECTION 8. Maximum Values. The maximum values of the nutrients of 
concern shall be based on the nutrient profile model developed by the 
Department of Health. Pending the development of a local NPM, the Pan American 
Health Organization Nutrient Profile Model shall be used as the basis for such 
maximum values. 
 
7 Department of Health, Revised Rules and Regulations Governing the Labeling of Prepackaged Food Products Further Amending Certain 
Provisions of Administrative Oder No. 88-B s. 1984 or the “Rules and Regulations Governing the Labeling of Prepackaged Food Products 
Distributed in the Philippines,” and For Other Purposes (2014).  


 
 
The DOH may coordinate with the Department of Science and Technology – Food 
and Nutrition Research Institute (DOST-FNRI) in developing an NPM for the 
Philippines.  
SECTION 9. 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 (cooking oils, table sugars, common table salt, etc.) 
shall follow their respective labeling requirements and shall be exempted from 
the obligation to incorporate a warning label. Breastmilk substitutes shall 
likewise be exempted from this Act and shall follow the guidelines promulgated 
by Executive Order No. 51, series of 1986, its implementing rules and regulations 
and other pertinent regulations. 
SECTION 10. Prohibitions on misleading packaging and other promotional 
features. 
 Prepackaged food, as well as non-alcoholic beverages, required to have a warning 
label under Section 6 of this Act shall not have any element of feature that: 
a. Provide complementary nutritional information; and 
b. Logotypes or phrases stating the sponsorship or endorsements of 
scientific societies, civil associations or other relevant actors; and 
c. Other health and nutrition claims. 
ARTICLE III. ENFORCEMENT 
SECTION 11. Certificate of Product Registration. The FDA shall not issue a 
Certificate of Product Registration (CPR) or renew an existing CPR to any food 
manufacturer, distributor, and importer whose product does not comply with 
Sections 6, 7, and 10 of this Act. 
SECTION 12. Inspection Powers and Record-Keeping. The FDA, through its 
authorized agents, shall have the power to inspect the premises and records of 
food manufacturers, to determine compliance with this Act. The FDA shall issue 
inspection procedures and guidelines on record-keeping. 
SECTION 13. Enforcement for Traditional Markets and Food Service 
Establishments. Local government units (LGUs), through an appropriate 
issuance and in coordination with the FDA and Department of Trade and 
Industry (DTI), shall establish a mechanism to enforce the provisions of this Act 
on prepackaged food produced and marketed in traditional markets and food 
service establishments within their jurisdiction and shall impose penalties for 
violations thereof.  
SECTION 14. Consumer Complaints. The FDA may commence an investigation 
motu proprio, upon petition, or upon letter-complaint from any consumer for 
violations of this Act. Upon finding by the FDA of prima facie violation of any 


 
 
provisions of this Act, it may motu proprio or upon a verified complaint, 
commence formal administrative action against the food business operator or any 
person who appears responsible. 
The procedure in the commencement and processing of consumer complaints 
mentioned in this Section shall follow the existing rules and regulations of the 
FDA.  
SECTION 15. Multisectoral Coordination and Civil Society Participation for 
Enforcement, Monitoring, and Surveillance. (a) The State recognizes the role 
of civil society organizations and the private sector in promoting public health. 
The DOH, FDA, and DOST-FNRI may engage civil society organizations and the 
private sector, as long as they are not affiliated or related to the food and beverage 
industry, to provide technical assistance in implementing and monitoring the 
provisions of this Act. The DOH shall develop and implement programs to enable 
citizen participation in compliance with this Act. (b) Any citizen or civil society, 
non-government, and grassroots organization is hereby authorized to file an 
appropriate civil, criminal, or administrative action in the proper courts or 
administrative body against any public officer who willfully or grossly neglects 
the performance of a responsibility specifically enjoined by this Act and its 
implementing rules and regulations, or against any member of the food and 
beverage industry, including persons working on their behalf, who violates any 
provision of this Act and its implementing rules and regulations. The court shall 
exempt such action from the payment of filing fees and shall exempt the plaintiff 
from the filing of an injunction bond for the issuance of preliminary injunction. 
In the event that the plaintiff shall prevail, the court shall award reasonable 
attorney’s fees, moral damages, and litigation costs as appropriate. The 
administrative, civil, and criminal actions allowed under this paragraph shall be 
cumulative and shall not preclude any other person from filing a similar action. 
SECTION 16. Prohibited Acts.  Any violation of Section 6, 7, and 10 of this Act, 
shall render the product misbranded under Republic Act No. 9711. Pursuant to 
Section 11 of Republic Act No. 3720 as amended by Republic Act No. 9711, the 
following acts are prohibited: 
a. The manufacture, importation, exportation, sale, offering for sale, 
distribution, transfer, non-consumer use, promotion, advertising, or 
sponsorship of any food product that is adulterated, unregistered or 
misbranded; 
b. The adulteration or misbranding of any food product. 
Any future amendments to the previously mentioned laws will also apply 
accordingly. 
SECTION 17. Penalties. The following penalties shall be imposed on any person 
or food business operator found to have committed any of the prohibited acts 
stated in Section 17 of this Act: 


 
 
a. A fine of not less than fifty thousand pesos (P50,000) but not more 
than five hundred thousand pesos (P500,000), at the discretion of 
the court; 
b. If the offender is a manufacturer, importer, or distributor of any food 
product, a fine of at least five hundred thousand pesos (P500,000) 
but not more than five million pesos (P5,000,000) shall be imposed; 
c. An additional fine of one percent (1%) of the economic value / cost 
of the violative product or violation, or one thousand pesos (P1,000), 
whichever is higher shall be imposed for each day of continuing 
violation;  
d. No person shall be subject to the penalties under this section for 
having sold, offered for sale or transferred food products in violation 
of Section 17 if such sale, distribution or transfer, was made in good 
faith. A sale, distribution, or transfer is presumed to be made in good 
faith if the seller or distributor has obtained, in writing, a guarantee 
from the person or food business operator from whom the food 
products were obtained, that said food products are not covered by 
the requirements under Section 6 and 7 of this Act; 
Should the offense be committed by a juridical person, the Chairman of the Board 
of Directors, the president, the general manager, or the partners and/or the 
persons directly responsible therefor shall be penalized. 
Should the offense be committed by a foreign national, he/she shall, in addition 
to the penalties prescribed, be deported without further proceedings after service 
of sentence. 
 
In conjunction with the penalties in this section, the Director-General of the FDA 
may exercise powers as provided by Republic Act No. 3720 as amended by 
Republic Act No. 9711 and Republic Act No. 10611. 
Any future amendments to the previously mentioned laws will also apply 
accordingly. 
SECTION 18. Other Penalties. In addition to the foregoing fines and penalties, 
the following sanctions may also be imposed: 
a. The disapproval of an application, suspension, revocation or 
cancellation of an existing Certificate of Product Registration or any 
authorization; and/or 
b. Seizure and condemnation, destruction, recall, and/or appropriate 
disposition of non-compliant food products by the FDA as provided 
under their mandate. 
SECTION 19. Compliance by Micro, Small, and Medium Enterprises. The 
DTI, in coordination with other relevant government agencies and stakeholders 
shall develop and implement programs to assist micro, small, and medium-sized 
food business operators of prepackaged food.  


 
 
ARTICLE IV. MISCELLANEOUS PROVISIONS 
SECTION 20. Consumer Information, Education, and Communication.  
Health and nutrition literacy including the importance of nutrition labeling, 
proper usage and rationale of the use of FOPWL and other food product labels, 
and the risks of overconsuming foods that are high in fats, sodium, and sugar 
shall be disseminated and promoted through a nationwide information, 
education, and communication campaign. The DOH shall spearhead the 
campaign, in cooperation with other concerned government agencies and LGUs. 
The DOH shall coordinate with the Department of Education to conduct child-
specific educational campaigns on nutrition labeling in Philippine schools. 
SECTION 21. Implementing Rules and Regulations (IRR). Within sixty (60) 
days from the effectivity of this Act, the DOH through the Health Promotion 
Bureau (HPB), together with other relevant government agencies and 
stakeholders shall develop the IRR for this Act. Non-issuance of the IRR shall not 
prevent the implementation of this Act upon its effectivity. 
SECTION 22. Transitory Provisions. The provisions set forth in this Act shall 
be complied with within a term not exceeding six (6) months from the effectivity 
date.8  
SECTION 23. Monitoring and Evaluation. The DOH, through the FDA, shall 
report annually or as necessary, to the President and the Congressional 
Committees on Health, Agriculture and Food, and Trade and Industry on the 
implementation of this Act. 
SECTION 24. Appropriations. 
The 
initial 
amount 
necessary 
for 
the 
implementation of this Act shall be charged against the current appropriation of 
all concerned agencies. Thereafter, concerned agencies shall allocate such funds 
that may be necessary for the continuous implementation of this Act and shall 
include such sums in the annual General Appropriations Act (GAA) under the 
respective budgets of all concerned agencies. 
SECTION 25. Conflict of Interest. Pursuant to the fundamental objective of 
this Act to advance public health, the implementation and enforcement of this 
Act and the development of related policies shall promote multi-sectoral 
coordination while safeguarding against potential conflict of interest.  
SECTION 26. Separability Clause. If any part or provision of this Act is held 
invalid or unconstitutional, the remaining parts or provisions not affected shall 
remain in full force and effect. 
 
8 On the Nutrient Composition of Food and its Advertising, Law No. 20,606 (2021) (Chile). 


 
 
SECTION 27. Repealing Clause. All laws, decrees, executive orders, and rules 
and regulations contrary to or inconsistent with the provisions of this Act are 
hereby repealed or amended accordingly. 
SECTION 28. Effectivity Clause. This Act shall take effect fifteen (15) days after 
its publication in the Official Gazette or in any newspaper of general circulation. 
 
Approved,