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

18" Congress
First Regular Session

Office of the Minority Floor Leader

HOUSE BILL No. *!18

Y REP. BIENVENIDO “BENNY” M. ABANTE, JR.
AND THE MINORITY BLOC

AN ACT

REGULATING THE AIRING OF ADVERTISEMENTS OF

su

Tl

sweeten

iGAR SWEETENED BEVERAGES AND PROVIDING
PENALTIES FOR VIOLATION THEREOF

EXPLANATORY NOTE

is bill seeks to regulate the airing of advertisements of sugat
d beverages in all media platforms (radio, television and cable

television, film and movies, online social media, electronic, print or whatever

form of
limited t

energy in
Philippi
beverage
fraction |

mass media, including outdoor advertisements, such as but not
signs and billboards.

Sugar-sweetened beverages are more strongly associated with high

take and weight gain than any other form of processed food.' In the
es, both the proportion of the population that consumes these
s and per capita consumption increase with age.’ Moreover, the
of daily sugar intake that comes from sugar-sweetened beverages

1 Woodwand-Lopez G, Kao J, Ritchie L. To what extent have sweetened beverages contributed to the obesity

Public Health Nate 2011 Mar;14(3):499-509. doi:
i.org/10.1017/S136898001 0002375 PMID: 20860886
Research Inc., unpublished report, 2017

vie


increased 44% in 10 years: in 2005, Filipinos consumed 14.9 g of sugar per
capita per day from sugar-sweetened beverages alone; in 2015, it was 21.4 g.>

A growing proportion of Filipinos of all ages are overweight or obese,

which is lil
due to po
states indi
the Philipp

Tei
products
among, th
Constituti
safeguard
For these
whereby
be regulat
citizens fr
blood pre

Tn

ely to substantially increase the number of productive years lost
¢ health.’ Cross-country comparisons among ASEAN member

ate that the loss of productive years due to obesity is greatest in
5

ines.

the policy of the State to protect the populace from hazardous

nd promote the right to health and instill health consciousness
em. It is also the policy of the State, consistent with the

nal precept of parens patriae to promote the general welfare, to

che interests of children against sugary drinks that cause them harm.

purposes, the government should institute a balanced policy
use, sale and advertisements of sugar sweetened beverages shall
in order to promote a healthful environment and protect the
m the hazards of excessive sugar, like diabetes, tooth decay, high
sare, and diseases associated with obesity.

iew of the foregoing, approval of this bill is earnestly sought.

. ABANTE, JR.

linority Leader
Representative - 6" District of Manila

3 M Abrtigo and K Francisco, Philippine Institute for Development Studies, unpublished report, 2018
42nd National Nutrition Summit: 8th National Nutrition Survey. Manila: Food and Nutrition Research

Institute,

hetp://122.53.

5 Tackling ol
Intelligence

Department of Science and Technology; 2013. Available from:
125 /NNS/8thNNS pdf

ity in ASEAN: prevalence, impact, and guidance on interventions. London: Economist
Unit; 2017. Available from: _https://www.eiu.com/public/topical_report.

aspx?campaignid=ObesityIn ASEAN



CONGRESS OF THE PHILIPPINES }

HOUSE OF REPRESENTATIVES
6118

No.

BY REP. BIENVENIDO “BENNY” M. ABANTE, JR.
AND THE MINORITY BLOC

AN ACT
REGULATING THE AIRING OF ADVERTISEMENTS OF SUGAR SWEETENED
BEVERAGES AND PROVIDING PENALTIES FOR VIOLATION THEREOF

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

SECTION 1. Short Title This Act shall be known as the Sugar Sweetened Beverage Regulation Act
of 2020.

SECTION 2. Polig.- It is the policy of the State to protect the populace from hazardous products
and promote the right to health and instill health consciousness among them. It is also the policy
of the State, consistent with the Constitutional precept of parens patniae to promote the general
welfare, to slapd the interests especially of children against sugary drinks that cause them harm.
For these purposes, the government should institute a balanced policy whereby the use, sale and
advertisements of sugar sweetened beverages shall be regulated in order to promote a healthful
environment and protect the citizens from the hazards of excessive sugar, like diabetes, tooth
decay, high blood pressure, and diseases associated with obesity.

SECTION 3. Purpose It is the main thrust of this Act to:

a. Promote a healthful environment,

b. the public of the health risks associated with sugar sweetened beverages;

c. Regulate and subsequently ban all advertisements involving sugar sweetened beverages;
d. Protect the youth from being targets of advertising and promotions of sugar sweetened

€ Create an Inter-Agency Committee on SSB (IAC-SSB) to oversee the implementation of

or any other means through broadcast, electronic, print or whatever form of mass media,
1g outdoor advertisements, such as but not limited to signs and billboards. For the
1 of this Act, advertisement shall be understood as sugar sweetened beverages

ising” refers to the business of conceptualizing, presenting, making available and
municating to the public, through any form of mass media, any fact, data or
ation about the attributes, features, quality or availability of consumer products,
services or credit. For the purpose of this Act, advertising shall be understood as SSB
advertising. This shall specifically refer to any messages and images promoting the


purchase or use of sugar sweetened beverages; and their trademarks, brand names, design

‘Sweetened Beverage (SSB)” refers to non-alcoholic beverages of any constitution
powder, or concentrates) that are pre-packaged and sealed in accordance with the
and Drug Administration (FDA) standards, that contain caloric and/or non-caloric
ners added by the manufacturers, and shall include, but not be limited to the
1g, a8 described in the Food Category System from Codex Alimentarius Food
xy Descriptors (Codex Stan 192-1995, Rev. 2017 or the latest) as adopted by the

(1) Sweetened juice drinks;

(2) Sweetened tea;

(@) All carbonated beverages;

4) Flavored water,

(6) Energy and sports drinks;

(© Other powdered drinks not classified as milk, juice, tea, and coffee;
(7) Cereal and grain beverages; and

(8) Other non-alcoholic beverages that contain added sugar.

For purposes of this provision, the following definitions shall be used:

@ Caloric sweetener refers to a substance that is sweet and includes sucrose, fructose,

and glucose that produces a certain sweetness;

(©) High fructose corn syrup refers to a sweet saccharide mixture containing fructose and

lucose which is derived from corn and added to provide sweetness to beverages, and

Jhich includes other similar fructose syrup preparations; and

(©. Non-caloric sweetener refers to a substance that are artificially or chemically processed
t produces a certain sweetness. These are substances which can be directly added

jo beverages, such as aspartame, sucralose, saccharin, acesulfame, potassium,

jeotame, cyclamates and other non-nutritive sweeteners approved by the Codex

ntarius and adopted by the FDA.

For purposes of this provision, the following products, as described in the food category
system from Codex Alimentarius Food Category Descriptors (Codex Stan 192-1995, Rev.
2017 or the latest) as adopted by the FDA, are excluded from the scope of this Act:
i, All milk products, including plain milk, infant formula milk, follow-on milk, growing
1p milk, powdered milk, ready-to-drink milk and flavored milk, fermented milk,
soymilk, and flavored soymilk;
ii, One Hundred Percent (100%) Natural Fruit Juices - Original liquid resulting from the
essing of fruit, the liquid resulting from the reconstitution of natural fruit juice
concentrate, or the liquid resulting from the restoration of water to dehydrated natural
fruit juice that do not have added sugar or caloric sweetener,
iii, One Hundred Percent (100%) Natural Vegetable Juices - Original liquid resulting
1m the pressing of vegetables, the liquid resulting from the reconstitution of natural
vegetable juice concentrate, or the liquid resulting from the restoration of water to
jehydrated natural vegetable juice that do not have added sugar or caloric sweetener,
iv. Replacement and Medically Indicated Beverages - Any liquid or powder
‘/product for oral nutritional therapy for persons who cannot absorb or
etabolize dietary nutrients from food or beverages, or as a source of necessary
uutrition used due to a medical condition and an oral electrolyte solution for infants
ind children formulated to prevent dehydration due to illness; and
v. Ground coffee, instant soluble coffee, and pre-packaged powdered coffee products.
“Mass Media” refers to any medium of communication designed to reach a mass of
aa For this purpose, mass media includes print media such as, but not limited to,



4

L

|

mbles, processes, or labels a finished product;
xe” refers to packs, boxes, cartons or containers of any kind in which any SSB
1 is offered for sale to consumers;

enti
“Point-of-Sale” refers to any location at which an individual can purchase or otherwise
obtain SSB products;

“Promotion” refers to an event or activity organized by or on behalf of a SSB
manufacturer, distributor or retailer with the aim of promoting a brand of SSB product,
‘which event or activity would not occur but for the support given to it by or on behalf of
the SSB manufacturer, distributor or retailer. It may also refer to the display of a SSB
product or manufacturer's name, trademark, logo, etc. on non-SSB products. This includes
the paid use of SSB products bearing the brand names, trademarks, logos, etc. in movies,
television and other forms of entertainment. For the purpose of this Act, promotion shall
‘be understood as SSB promotion;

“Public Conveyances” refer to modes of transportation servicing the general population,
such as, but not limited to, elevators, airplanes, buses, taxicabs, ships, jeepneys, light rail

its, tricycles, and similar vehicles;
lic Places” refer to enclosed or confined areas of all hospitals, medical clinics, schools,

, recreational places, shopping malls, movie houses, hotels, restaurants, and the like;
ler” refers to any person who of entity that sells SSB products to individuals for

inning 1 July 2024, the health warning shall be located on the bottom portion of one
ont panel of every SSB product package and occupy not less than thirty percent (30%)
+h front panel including any border or frame. The text of the warning shall appear in
rly legible type in black text on a white background with a black border and in contrast
pography, layout or color to the other printed matters on the package. The health
ing shall occupy a total area of not less than fifty percent (50%) of the total warning

rnings shall be rotated periodically, or separately and simultaneously printed, so
within any twenty-four (24) month period, the four (4) variations of the warnings shall
ear with proportionate frequency.

rning shall not be hidden or obscured by other printed information or images, or
ed in a location where tax or fiscal stamps are likely to be applied to the package or


SECTION 7.

‘SECTION 8.
media SSB advertisements:

in a location where it will be damaged when the package is opened. If the warning
printed on the package is likely to be obscured or obliterated by a wrapper on the
.ge, the warning must be printed on both the wrapper and the package.

ther printed warnings, except the health warning and the message required in this
yn, paragraph a. shall be placed on SSB packages.

“arnings in Advertsing Under this Act:
B advertising in mass media shall contain either in English or Filipino, the following
‘warning: “GOVERNMENT WARNING: Drinking this Beverage is Dangerous to
“Health.”

int and outdoor advertisements, the warning frame shall be centered across the
1m of the advertisement and occupy a total area of not less than fifteen percent (15%)

a All

le, legible and audible, in black text on white background or white text on black
id. No other images except the warning shall be included in the warning frame.

strictions on Advertising The following restrictions shall apply to all SSB advertising:
tisements shall not be aimed at or particularly appeal to persons under eighteen (18)
of age.

tisements shall not feature a celebrity or contain an endorsement, implied or express,
celebrity.

rtisements shall not contain cartoon characters or subjects that depict humans or
with comically exaggerated features or that attribute human or unnatural
cteristics to animals, plants or other objects.

tisements shall only depict persons who are or who appear to be above twenty-five
ears of age.

rtisements shall not show, portray or depict scenes where the actual consumption of,

act of drinking, preparing, buying, selling, or distributing sugar sweetened beverages
sented to the public.

a Adve
ye

b. Adve
bya

c. Adve

d. Adve
(25)

is pi
striction on Print Media Advertsing The following restrictions shall apply to all print

a. Advertisements shall not be placed in any printed publication unless there is a teasonable
basis to believe that at least seventy-five percent (75%) of the readers of such publication
are eighteen (18) years of age and above, and the number of youth who read it constitutes
less than ten percent (10%) of all youth in the Philippines.

b. Advertisements shall not be placed on the packaging or outside covers (front and back)
‘of a magazine, newspaper, journal o other publication printed for general circulation.

SECTION 9. Restrictions on Outdoor Advertising The following restrictions shall apply to all outdoor
SSB advertisements:

a. Outdoor advertisements shall not be placed on billboards, wall murals, or transport stops
or stations which are within one hundred (100) meters from any point of the perimeter of



SSUARDEGRES cmridMusune

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a school, public playground or other facility frequented particularly by persons below
eighteen (18) years of age.

b. Outdoor advertisements shall not, either individually or when placed in deliberate
combination with other outdoor SSB advertising, exceed seventy (70) square meters in
total size. :

© Outdoor advertisements shall not be placed on taxis, buses, trains or other public
conveyance or in stations, terminals or platforms thereof, except point-of-sale
establishments.

SECTION 10. Restrictions on Advertising in Cinemas.- SSB advertisements are prohibited in connection
with the showing of any film where persons below eighteen (18) years old are permitted admission,

SECTION 11. Restrictions on Television and Radio Advertising- Advertisements shall not be broadcast
on television, cable television, and radio between seven o'clock in the morning and seven o'clock

at night.

SECTION 12. Restrictions on Advertising in Audio, Video and Computer Cassetes/ Discs and Similar Medium.
No electronic advertisements shall be incorporated within any video or audio cassette, videogame
machine, optical disc, or any similar medium, unless access to the item is restricted to persons
cighteen (18) years of age or older. For the purpose of this Section, video game includes any
electronic amusement device that utilizes a computer, microprocessor, or similar electronic
circuitry and its own cathode ray tube, or is designed to be used with a television set ora monitor
that interacts with the user of the device.

SECTION 13, Restitions on Advertising on the Internet and Similar Medium. Advertisements. are
prohibited on the Internet and other similar medium unless the Internet site is restricted to persons
eighteen (18) years of age or older. A site will be deemed restricted if a person cannot obtain access
beyond the first page of the website unless the person has established that he or she is at least
cighteen (18) years old. This limitation applies to commercial communications and shall not
prevent the use of company Internet websites to provide information regarding a company, its
products and SSB and health related information. This Section shall not prohibit business-to-
business sactions conducted on the Internet and other similar medium between SSB
(SrintSend eet ry aioe

SECTION 14. Ban on Advertisements. Beginning 1 January 2022, all SSB advertising on television,
cable television and radio shall be prohibited.

Be
posters and si
point-of-sale

1 July 2023, all cinema and outdoor advertising shall be prohibited. No leaflets,
outdoor advertising materials may be posted, except inside the premises of
‘tail establishments.

1 July 2024, all forms of SSB advertising in mass media shall be prohibited except
ts placed inside the premises of point-of-sale retail establishments.

Begin:
SSB advertise

SECTION 15, Restrictions on SSB Promotions The following restrictions shall apply on all SSB
promotions:

a. Promotions must be directed only to persons at least eighteen (18) years old. No person
cighteen (18) years old or who appear to be below eighteen (18) years old may
cipate in such promotions. The participants in promotions must be required to
ide proof of age.
wunications to consumers about SSB promotions shall comply with the provisions
is Act governing SSB advertising. The age requirement for participation in any
;otion must be clearly marked on the program materials distributed to consumers.
¢. Allstalls, booths, and other displays concerning SSB promotions must be limited to point-
locations or adult-only facilities.



4. No placement shall be made by any manufacturer, distributor, or retailer of any SSB
product or SSB product package or advertisement as a prop in any television program or
motion picture produced for viewing by the general public or in a video, optical disc or
on a video game machine.

ses, writing implements and umbrellas, may be distributed, sold or offered, directly
tly, with the name, logo or other indicia of a SSB brand displayed so as to be

but not limited to, sports equipment, toys, dolls, miniature replicas of racing vehicles, video
s, and food. The manufacturer or company must take all available measures to
t third parties from using the company’s brand names, logos, or other proprietary
‘on products that are directed toward minors.

SSB advertisements may be placed on shopping bags.

20 involved in any such league, in exchange for use of a SSB product brand.
a b. No manufacturer may enter into any agreement for the naming rights of any stadium or
22 arena using a SSB product brand name or otherwise cause a stadium or arena to be named
23 with such a brand name.

24

25 SECTION 17. Restriations on Sponsorships.- Beginning 1 July 2022:

26 a. No sponsorship shall be provided for:

27 (1) an event or activity which bears a SSB product brand name, unless there is reasonable
28 sis to believe that all persons who compete, or otherwise take an active part, in the
29 ~ sponsored events or activities are persons eighteen (18) years of age or older;

30 (2) a team or an individual bearing a SSB product name, unless all persons sponsored are o>
3 hhteen (18) years of age or older, or

32 (3) a sponsored event or activity reasonably believed to be of particular appeal to persons
33 \der eighteen (18) years old.

4 b. SSB brand sponsorships shall be prohibited except where there is a reasonable basis to
35 believe that:

36 (1) attendance at the sponsored event or activity will comprise no less than seventy-five
37 ercent (75%) persons at least eighteen (18) years old;

38 2 the sponsored event or activity will not be of particular appeal to persons under
39 Jhteen (18) years old;

40 (8) the sponsored event or activity will not receive exposure, other than as a news item,
41 mn television or radio or the Internet, unless such exposure complies with the
42 rovisions of this Act governing SSB marketing through those media; and

43 @ te principal activity associated with the sponsorship does not require above-average
44 hhysical fitness for someone of the age group of those taking part.

45 c. All persons authorized to bear SSB product advertisements, logos or brand names at
46 sponsored events shall be at least eighteen (18) years old.

47 d._All forms of advertising associated with or ancillary to sponsorship shall comply with the
48 marketing provisions of this Act.

49

50 SECTION 18, Ban on Sponsorships.- Beginning 1 July 2024, SSB companies are hereby prohibited
51 from sponsoring any sport, concert, cultural or art event, as well as individual and team athletes,
52 artists. or performers where such sponsorship shall require or involve the advertisement or
53. promotion of any SSB company, SSB product or use, name, logo or trademarks and other words,
54 symbols, designs, colors or other depictions commonly associated with or likely to identify a SSB
55 product: Provided, That the attribution only to the name of the company in the roster of sponsors



7

shall be allowed: Provided further, That no manufacturer may register a SSB brand name as a
company name after the passage of this Act.

SECTION 19. Restrictions on Sampling The distribution of samples of SSB products to persons below
cighteen (18) years old is prohibited.

SECTION 20. Legal Actions Any legal action in connection with the SSB industry shall be governed
by the provisions of this Act, the Philippine Civil Code and other applicable laws.

SECTION 21. Implementing Agengs- An Inter-Agency Committee-Sugar Sweetened Beverages (IAC-
SSB), which shall have the exclusive power and function to administer and implement the
provisions of this Act, is hereby created. The IAC-SSB shall be chaired by the Secretary of the
Department of Trade and Industry (DTI) with the Secretary of the Department of Health (DOH)
as Vice Chairperson. The IAC-SSB shall have the following as members:
a. Secretary of the Department of Agriculture (DA);
b. Secretary of the Department of Justice (DOJ);
Secretary of the Department of Finance (DOF);
d._ Secretary of the Department of Environment and Natural Resources (DENR);
“e. Secretary of the Department of Science and Technology (DOST);
£ Secretary of the Department of Education (DepEd);
g A representative from the SSB Industry to be nominated by the legitimate and recognized
associations of the industry; and
h resentative from a nongovernment organization (NGO) involved in public health
jotion nominated by DOH in consultation with the concerned NGOs;

Secretaries may designate their Undersecretaries as their authorized
’s to the IAC.

SECTION 22. Application to SSB Products‘The provisions of this Act shall apply to all SSB products
placed into commerce in the Philippines. Except as provided below, no provision of this Act shall
apply to SSB products intended or offered by the manufacturer for export and not for retail sale
in the Philig es.

SSB products intended or offered for export shall be subject only to the requirement that the
shipping container shall be prominently marked on the outside “Export Only:” Provided, That,
which are marked for export, but are sold/traded or distributed in the Philippine
market, shall be subject to immediate confiscation and destruction, without prejudice to the liability
or persons responsible for such sale, trading, or distribution in the Philippine market.

SECTION 23.
this Act, and
to both Hi

‘ompliance Monitoring Not later than one (1) year after the date of the effectivity of
wnnually thereafter, the IAC-SSB shall submit to the President of the Philippines and
ses of Congress a Compliance Monitoring Report on the compliance of the
‘on all applicable laws and ordinances with respect to the manufacture and
distribution of SSB products. The report shall contain pertinent information on the methods, goals
and implementation program of said manufacturers with respect to the requirements of this Act.

SECTION 24, Penalties.- The following penalties shall apply:
a. Violation of any provision of this Act. “
(1) On the first offense, a fine of not more than One hundred thousand pesos
’hp100,000.00) or imprisonment of not more than one (1) year, or both, at the
retion of the court shall be imposed.
2) On the second offense, a fine of Two hundred thousand pesos (Php200,000.00) or
risonment of not more than two (2) years, or both, at the discretion of the court
all be imposed.
3) On the third offense, in addition to a fine of not more than Four hundred thousand
esos (Php400,000.00) or imprisonment of not more than three (3) years, or both, at



wowAUueEne

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b. In
the

c. Tf th
and

SECTION 25.

1 discretion of the court, the business permits and licenses, in the case of a business,

tity or establishment, shall be revoked or cancelled.

case of a business entity or establishment, the owner, president, manager or officials

f shall be liable.

guilty officer is an alien, he shall summarily be deported after serving his sentence,
shall be forever barred from re-entering the Philippines.

Information Drive- Consistent with the provisions of this Act, the DOH shall, in

coopeato pi the DepEd and with the assistance of the Philippine Information Agency (PIA),
e

undertake a
beverages.

‘The DO!
effort to dis

SECTION 26.
Curricula. Ins
their health,
curricula of al

‘The Dep!

;ntinuous information program on the harmful effects of consuming sugar sweetened

shall enlist the active participation of the public and private sectors in the national
yurage the unhealthy habit of consuming sugar sweetened beverages.

Instruction on the Hazardous E,fect of Consuming Sugar Sweetened Beverages as Part of School
truction on the adverse effects of consuming sugar sweetened beverages, including
environmental and economic implications, shall be integrated into the existing

public and private elementary and high schools.

Ed Secretary shall promulgate such rules and regulations as may be necessary to carry

‘out the above-stated policy hereof, and, with the assistance of the Secretary of Health, and with

the approval
unhealthy ef

SECTION 27.
SSB (COC:
implementati
composed of
‘Agriculture af

of the IAC-SSB, shall cause the publication and distribution of materials on the
ts of consuming sugar sweetened beverages to students and the general public.

Congressional Oversight Committee on SSB.- A Congressional Oversight Committee on
SB) is hereby constituted which is mandated to monitor and review the

of this Act for a period not exceeding three (3) years. The COC-SSB shall be
the Chairpersons of the Senate Committees on Health, Trade and Commerce,
.d Public Information and the House of Representatives Committees on Trade and

Industry, Health, Public Information and Agriculture and the Minority Floor Leaders of both the

Senate and Hi

‘The Secre
standing cor
requirements
the Senate of

SECTION 28.
necessary fo

louse of Representatives.

ariat of the COC-SSB shall be drawn from the existing secretariat personnel of the
mittees comprising the Congressional Oversight Committee and its funding
shall be charged against the appropriations of both the House of Representatives and
the Philippines.

Implementing Rules.- The 1AC-SSB shall promulgate such rules and regulations
the effective implementation of this Act within six (6) months from the date of

publication of this Act. The said rules and regulations shall be submitted to the COC-SSB for its

review. The
working days

COC-SSB shall approve the implementing rules and regulations within thirty (30)
of receipt thereof: Provided, That in the event the implementing rules and regulations

SA Es Be ERG eas ead Oe eal Sie

immediately

SECTION 29.

e executory.

Appropriations.- The amount necessary to implement the provisions of this Act shall

be chara f pia the came yes sppenpriatons of the concerned national government

agencies. Th
shall be inclu
General Appi

SECTION 30.
regulations,

amended acct

after, such funds as may be necessary for the continued implementation of this Act
dled in the budgets of the concerned national government agencies under the annual
)priations Act.

Repealing Clause All other laws, decrees, ordinances, administrative orders, rules and
any part thereof, which are inconsistent with this Act are likewise repealed or
ordingly.



tausene

SECTION 31.
uunconstituti

SECTION 32.

Separability Clause- Should any provision of this Act be subsequently declared
nal, the other provisions not so declared shall remain in full force and effect.

Efftvipy- This Act shall take effect fifteen (15) days after its publication in the
Sh P

Official Gazette and at least two (2) newspapers of national circulation.

Approved:

M. ABANTE, JR.
rity Leader