Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City, Philippines

iy RECEIVED
ues Us 2012

FIFTEENTH CONGRESS
‘Second Regular Session

HOUSE aiuto, 5667

INTRODUCED BY: HON. MARCELINO “MARCY” R. TEODORO

EXPLANATORY NOTE

The pernicious effects of tobacco smoking on one's health are indisputable and
all efforts must be undertaken to protect people from said harmful consequences either
through regulation or outright prohibition, as the case may be. These governmental
moves are in keeping with Section 15, Article Il of the 1987 Philippine Constitution
mandates that "The State shall protect and promote the right to health of the
people and instill health consciousness among them.”

Statistics showed that 5 out of the top 10 death-causing diseases in our
country can be attributed to tobacco smoking. Good to know Congress saw the
importance of protecting Filipinos from the harm brought about by tobacco products
by approving Republic Act No. 9211 or “The Tobacco Regulation Act of 2003," which
mandated textual health warnings on cigarettes. Despite the law, however, studies
have shown that textual health warnings are not effective and sufficient. While most
tobacco users know that smoking is harmful, studies revealed that many of them
are unaware of its true risks.

Indeed, it has been proven that graphic health warnings are far more effective
than text warnings. In fact, a study suggested that picture-based health warnings are
60 times more effective in terms of encouraging smokers to quit the habit.

Thus, it is imperative to mandate a Graphic Health Warning that will require all
tobacco and related products to contain pictures illustrating the ill-effects of tobacco use.
Hence, even those who have difficulty in reading textual warnings can be made fully
aware of the true effects and extent of damage resulting from tobacco smoking.

Pictorial health warnings on tobacco products already exist in 15 countries, a
requirement which is based in Article 11 of the Framework Convention on Tobacco
Control, an international treaty initiated by the World Health Assembly. The
Philippines acceded to the FCTC in 2005 obliging the country to comply with
certain standards including the implementation of effective measures on packaging
and labeling of tobacco products such as the adoption of a picture-based health
warning on tobacco packages.



Therefore, the bill seek to require all cigarette packages and other tobacco
product packages, found in the market, to bear highly visible full-color graphic health
warnings that will have two components: a photographic picture warning and an
accompanying textual warning that explains in simple terms what the picture is all
about. The bill will also prohibit the use of descriptors, including terms,
trademarks, or any sign or feature that creates or is likely to create the false
impression that a product or brand is less harmful.

In view of the foregoing, immediate enactment of this measure is eamestly
sought.

MARCELINO “MARCY” R. TEODORO
Representative, 1* District
City of Marikina


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

FIFTEENTH CONGRESS
Second Regular Session

cree
House BILL No,__5E6'7

INTRODUCED BY: HON. MARCELINO “MARCY” R. TEODORO

AN ACT
TO EFFECTIVELY INSTILL HEALTH CONSCIOUSNESS THROUGH GRAPHIC
HEALTH WARNINGS ON TOBACCO PRODUCTS

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

Section 1. Short title. - This Act shall be known as "The Graphic Health Warning
Law."

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

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

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

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

The State recognizes that based on empirical data, text warnings have been
shown to be insufficient in conveying the dangers of tobacco products while
graphic or picture-based health warnings have been shown to be more effective in
conveying the 20 truth about the dangers of exposure and consumption of tobacco
smoke.

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

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

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

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

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


Section 4. Definition of Terms. -

a. "Graphic Health Warming" means warning labels that are composed of a
photographic picture warning on health dangers or other problems related to
tobacco use or exposure to tobacco smoke, and an accompanying textual
warning that is related to the picture, as issued by the Department of Health
(DOH) in accordance with Section 14 of this Act.

b. "Principal Display Surface", means:

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

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

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

Section 5. Graphic Health Warning. - Six (6) months after the effectivity of this Act,
cigarette packages and other tobacco product packages found in the market
including cartons or master cases, shall bear highly visible full-color "Graphic
Health Warnings,” as prescribed, as to all particulars, that shall have two components:
a photographic picture warning and an accompanying textual warning that is related to
the picture.

a. The Graphic Health Warnings shall be printed on at least 60% of the principal
display surfaces of any tobacco package; it shall occupy no less than 60% of
the front and 60% of the back panel of the packaging, as described in Sec. 4;
b. It shall be located at the upper portions of the said panels or Principal Display
Areas;
c. Nothing shall be printed or applied on a location where it is likely to obscure or
cover, in part or in whole, the Graphic Health Warnings;
d. No part of the warning may be obliterated, obscured, folded, severed or
become unreadable when the tobacco package is opened or closed or when a
wrapper on the package is removed;
e. The Graphic Health Warning shall be printed in full color, with the minimum
resolution of 600 dpi using at least 4-color printing;
f. A minimum of eight (8) variations of Graphic Health Warnings shall be printed
simultaneously and these shall be rotated periodically, so that at any time within
the twelve (12) month period, when a set of Graphic Health Warnings are
scheduled to be rotated, the variations of the warnings shall appear in the market
with proportionate frequency;
g. In no case shall the Graphic Health Warning measure less than 2476 square
millimeters in size regardless of the type of tobacco package. Furthermore, the
shortest side of the health warning shall measure no less that 66 millimeters;
h. Graphic Health Warning specifications.
1. The text warning accompanying the picture shall be worded in such
manner that an ordinary layman will understand what the picture is about and
what are the ill-effects of smoking on the health of the smoker and of the
people around him;
2. The text warning shall be placed on areas of the photograph where it will
not obscure the picture itself but will be prominently displayed;
3. The text shall use up no more than 30% of the entire area of the


Graphic Health Warning and shall appear in clearly legible type and in contrast
by typograph, layout and color, without the use of any border, frame or any other
design that will effectively lessen the size of the textual warning.

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) extemal surface area, the accompanying text will likewise alternately be
in English or Filipino.

Section 6. Side Panel. - In addition to the Graphic Health Warning, cigarette
packages, as well as other tobacco product packages found in the market, shall
bear, on one side panel, additional information as issued by the DOH according to
Section 14 of this Act, such as, but not limited to, additional health warnings,
hotlines or websites for tobacco-related concerns, or tips on how to stop smoking
This information shall be prominently displayed and the text thereto shall appear in
clearly legible type and in contrast by typograph, layout and color, without the use of
any border or frame or any other design that will effectively lessen the size of the
additional health warnings.

Section 7. Descriptors. - Four (4) months after the effectivity of this Act, no
cigarette packs or other tobacco product packages shall contain any term,
descriptor, trademark, figurative or any other sign, that directly or indirectly creates
or is likely to create the false impression that a particular tobacco product is less
harmful than any other tobacco product, or that promote a tobacco product by any
means that are false, misleading, deceptive, or likely to create an erroneous
impression about its characteristics, health effects, hazards or emissions, such as,
but not limited to, “low tar’, "light", ultra-light", or "mild".

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

Section 9. Prohibition on Sales. - No person or legal entity shall sell or
commercially distribute or display any cigarette or tobacco product without ensuring
that the labels and packages, as well as any other container used in displaying the
cigarette or tobacco products, meet the requirements under this Act.

Section 10. Prohibition on Display. - No person or legal entity shall obscure or
cover in part or in whole the Graphic Health Warning in the selling areas. The
Graphic Health Warnings shall be prominently displayed whenever the said
packages are commercially displayed.

Section 11. Liability of | Manufacturers, Importers, and Distributor. -
Manufacturers, importers, and distributors of tobacco products shall be directly liable
for any violations of the provisions of this Act. In the case of a business entity
or establishment, the chairperson of the Board of Directors, the owner, president,
manager and the corporate officials thereof shall be directly responsible therefore
and shall be made accountable. Agents/representatives of the  aforecited
manufacturers, 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 12. Liability of Retailers and Sellers. - Retailers and sellers of tobacco
products shall be directly liable for violations of Section 9 and 10 of this Act. In the


case of a business entity or establishment, the chair of the Board of Directors,
the owner, president, manager and the corporate officials thereof shall be directly
responsible and shall be made accountable

Section 13. Penalties for Non Compliance. -

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

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

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

3. On the third offense, in addition to a fine of not more than Twenty Million
Pesos (Php 20,000,000.00) or imprisonment of not more than one (1) year, or
both at the discretion of the court, the business permits and licenses, in the case of
a business entity or establishment shall be revoked or cancelled. If the guilty
officer isa foreign national, he shall, in addition to the payment of fine for the
second offense, be deported without further deportation proceedings and shall
be forever barred from re-entering the Philippines.

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

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

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

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

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

If the guilty officer is a foreign national, he shall, in addition to the payment of fine
for the second offense, be deported without further deportation proceedings and
shall be forever barred from re-entering the Philippines.

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

Section 14. Graphic Health Warning Guidelines. - Thirty days (30) days after the
effectivity of this Act, and every year thereafter, or as frequently as the need
arises, the DOH shall issue a template of Graphic Health Warnings to be rotated as
well as guidelines respecting the printing instructions, specific pictures, design, or
content of the information relating to the Graphic Health Warnings that must


appear in the tobacco product packages. The template and the guidelines shall
be based on the recommendation of the Philippine Cancer Society (PCS) and the
Philippine College of Chest Physicians (PCCP), as approved by the Secretary of
Health. In the absence of the two non-government organizations cited above, the
DOH shall select other leading organizations that have an established and
proven record of dealing with tobacco-related diseases and deaths. All Graphic
Health Wamings issued shall comply with the specifications above and must
always present the devastating effects of tobacco use and exposure to tobacco
smoke.

Graphic Health Warning regulations issued by the DOH Secretary upon
recommendation of the and peep, or other duly recognized non-government
organizations, shall be presumed compliant with the specifications listed above for
purposes of implementation by the tobacco companies.

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

Section 15. Administrative Power. - Within one (1) year from the effectivity of
this Act, the DOH shall issue Guidelines and Administrative Sanctions to facilitate
the implementation of this Act, but this should, in no case, delay the implementation
of this Act and the deadlines/time frames set herein.

The DOH is hereby authorized to:

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

b. impose, after notice and hearing and in accordance with the degree of the
offense and the nature of the business of the offender, administrative fines of up to
Ten Million Pesos (Php 10,000,000.00), the proceeds of which will be used for
health promotion campaigns on tobacco control of the DOH, Provided, That
manufacturers, importers, and distributors of tobacco products as mentioned in
Section 11 of this Act, shall have a higher penalty compared to retailers and sellers,
as provided in Section 12 of this Act;

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

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

The filing of an administrative case for an act constituting a violation of the
administrative regulations to be issued by the DOH shall not preclude the
simultaneous or subsequent filing of criminal charges for the same act constituting a
violation under this Act, through criminal proceedings authorized under Section 13 of
this Act.

Section 16. Strict Compliance and Inspections. - Absolutely no extensions of time
to comply with the provisions of this Act shall be granted to tobacco manufacturers or
any other affected party.


For purposes of enforcing the law and ensuring compliance therewith, the DOH or
its authorized representative, upon presenting appropriate credentials to the owner,
manager, or agent in charge, is authorized (1) to enter, at reasonable hours, any
factory, warehouse or establishment in which tobacco products are manufactured,
processed, packed or held, for introduction into domestic commerce or are held
after such introduction, or (2) to enter any vehicle being used to transport or hold the
tobacco products in question; and (3) to inspect, in a reasonable manner, such
factory, warehouse, or establishment or vehicle and all pertinent equipment,
finished and unfinished materials, containers and labeling therein. | f the officer,
employee, or person designated to make any such inspection of a factory, warehouse
or other establishment has obtained any sample in the course of the inspection,
upon .completion of the inspection and prior to leaving the premises, he shall
give the owner, manager, or agent-in-charge a receipt describing the samples
obtained.

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

Section 17. Citizen Suits. - For purposes of enforcing the provisions of this Act or
its implementing rules and regulations, any citizen may file an appropriate civil,
criminal or administrative action in the proper courts or administrative body against:

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

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

(c) Any public officer who willfully or grossly neglects the performance of an 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 manner, improperly performs his duties under
this Act or its implementing rules and regulations including the template,
guidelines, or other regulations.

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

Section 18. Separability Clause. - If any clause, provision, paragraph or part
thereof shall be declared unconstitutional or invalid, such judgment shall not
affect, invalidate or impair any other part hereof but such judgment shall be merely
confined to the clause, provision, paragraph or part directly involved in the
controversy in which such judgment has been rendered.

Section 19. Repealing Clause. - All other laws, decrees, executive order and
other administrative issuances and parts thereof which are inconsistent with the
provisions of this Act are hereby modified, superseded or repealed accordingly.
Section 13c and Section 32c of Republic Act 9211 is hereby repealed.

Section 20. Effectivity. - This Act shall take effect fifteen (15) days following its
Publication’ in the Official Gazelle or in a major daily newspaper of national circulation in
the Philippines.

Approved,