FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Third Regular Session 
SENATE 
S. B. Nci.3283 
) 
) 
) 
(In substitution of Senate Bill No. 2340) 
Prepared Jointly by the Committees on Health and Demography, and Trade and Commerce 
With Senator (P.) Cayetano as author 
"AN ACT 
TO EFFEC,TIVEL Y INSTILL HEALTH CONSCIOUSNESS THROUGH PICTURE-
BASED WARNINGS ON TOBACCO PRODUCTS" 
I 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
1 
Section 1. Short title. - This Act shall be known as "The Picture-Based Health 
2 
Warning Law." 
3 
Section 2. Declaration of Principles. - The State shall protect and promote the 
4 
right to health of the people and instill health consciousness among them. 
5 
The State shall protect consumers from trade malpractices and from substandard 
6 
and hazardous products. 
7 
The State accepts that, as a State-Party to the World Health Organization's 
8 
Framework Convention on Tobacco Control (FCTe), a treaty that reaffirms the right of 
9 
all people to the highest standards of health, the Philippines is obliged to inform every 
10 
person of the health consequences of tobacco consumption & exposure to tobacco 
11 
smoke; to enact effective measures to curb and reduce tobacco use, especially among 
12 
the youth; and to protect public health policy from the commercial and vested interests 
13 
of the tobacco industry. 
14 
The State is cognizant of the Philippine's duty under Article 11 of the FCTC 
15 
which is to adopt and implement by September 2008 effective health warnings on 
16 
tobacco products that should describe the harmful effects of tobacco use. 
17 
The State recognizes that based on empirical data, text warnings have been 
18 
shown to be insufficient in conveying the dangers of tobacco products while graphic or 
1 


- ---------- --
--------------
1 
picture-based health warnings have been shown to be more effective in conveying the 
2 
truth about the dangers of exposure and consumption of tobacco smoke. 
3 
Section 3. Purpose. - The purpose of this Act is: 
4 
a. 
to have health warnings that effectively warn of the devastating effects of 
5 
tobacco use and exposure to second hand smoke; 
6 
b. 
to remove signs or terms or any other direct or indirect means on or in 
7 
tobacco product packages that create or are likely to create a false 
8 
impression about the health effects of tobacco products, including but not 
9 
10 
limited to misleading or deceptive descriptors like "low tar," "light," "ultra 
light" or "mild;" 
11 
c. 
to further promote the right to health and information of the people; 
12 
d. 
to strengthen the role of the Department of Health in promoting the right to 
13 
health and instilling health consciousness among Filipinos. 
14 
Section 4. Definition of terms. -
15 
a. "Insert" means any communication inside an individual package and/or 
16 
carton purchased at either wholesale or retail by consumers, such as a leaflet 
17 
or brochure. 
18 
19 
b. "Onsert" means any communication affixed to the outside of an individual 
, 
20 
package and/or carton purchased at either wholesale or retail by consumers, 
21 
such as a brochure beneath the outer cellophane wrapping or glued to the 
22 
outside of the cigarette package. 
23 
24 
25 
c. "Picture-based Health Warning" means warning labels that are composed 
26 
of a photographic picture warning on health dangers or other problems 
27 
related to tobacco use or exposure to tobacco smoke and an accompanying 
28 
textual warning that is related to the picture, as issued by the Department of 
29 
Health (DOH) in accordance with Section 15 of this Act. 
30 
d. "Principal Display Surface", means: 
2 


- -----------------------------------------
1 
1. in the case of a package and carton that has at least two equal 
2 
sized sides or surfaces, other than the top and bottom, that may be 
3 
displayed or visible under normal or customary conditions of sale or 
4 
use, the areas of each of the 2 largest surfaces; 
5 
2. the largest surface of any spherical, cylindrical or conical container 
6 
of tobacco products and in the case of a package and carton that 
7 
does not have a particular side or surface that is predominantly 
8 
displayed or visible under normal or customary conditions of sale or 
9 
use, the total surface area of the package; 
10 
3. all surfaces or panels, exterior or interior, of any tobacco product 
11 
packaging or carton not specified above. 
, 
12 
e. "Tobacco Product Package" means the packet and package of tobacco 
I 
13 
products and any outside packaging and labelling of tobacco products for 
14 
sale, distribution, exportation, importation, trade, exchange, or exhibition, 
15 
such as, but not limited to, packs, tins, boxes, pouches, flip-tops, slide and 
16 
shell packages, cartons, transparent wrappers, clear packaging, packages 
17 
containing one product unit, master cases, or other containers of tobacco 
18 
products. 
19 
f. 
"Tobacco Products" means products entirely or partly made of leaf tobacco 
20 
as raw material, which are manufactured to be used for smoking, sucking, 
21 
chewing or snuffing, or by any other means of consumption. 
22 
Section 5. Picture-based Health Warning. - Ninety (90) days after the 
23 
effectivity of this Act, cigarette packages and other tobacco product packages found in 
24 
the market including package insert and onserts, and any outside packaging and 
25 
labelling, shall bear highly visible full-color "Picture-based Health Warnings," as 
26 
prescribed, as to all particulars, that shall have two components: a photographic picture 
27 
warning and an accompanying textual warning that is related to the picture. 
28 
a. The Picture-based Health Warnings shall be printed on at least 60% of the 
29 
principal display surfaces of any tobacco package; it shall occupy no less 
3 


1 
than 60% of the front and 60% of the back panel of the packaging, as 
2 
described in Sec. 4; 
3 
b. I,t shall be located at the upper portions of the said panels or Principal Display 
4 
Areas; 
I 
5 
c. Nothing shall be printed or applied on a location where it is likely to obscure or 
6 
cover, in part or in whole, the Picture-based Health Warnings; 
7 
d. No part of the warning may be obliterated, obscured, folded, severed or 
8 
become unreadable when the tobacco package is opened or closed or when 
9 
a wrapper on the package is removed; 
10 
e. The Picture-based Health Warning shall be printed in accordance with 
11 
guidelines prescribed by the DOH, or in the absence thereof, in full color, with 
12 
the minimum resolution of 600 dpi using at least 4-color printing; 
13 
f. 
A minimum of eight (8) variations of Picture-based Health Warnings shall be 
14 
printed simultaneously and these shall be rotated periodically, not just for 
15 
each brand family but also for each brand within the family for each package 
16 
size and type, so that at any time within the twelve (12) month period, when a 
17 
set of Picture-based Health Warnings are scheduled to be rotated, the 
18 
variations of the warnings shall appear in the market with proportionate 
19 
20 
frequency and equal display of health warnings and messages on retail 
packages; 
21 
g. In no case shall the Picture-based Health Warning measure less than 2475 
22 
square millimeters in size regardless of the type of tobacco package. 
23 
Furthermore, the shortest side of the health warning shall measure no less 
24 
than 55 millimeters; 
25 
h. Picture-based Health Warning specifications-
26 
1. The text warning accompanying the picture shall be worded in such 
27 
manner that an ordinary layman will understand what the picture is 
28 
about and what are the ill-effects of smoking on the health of the 
29 
smoker and of the people around him; 
4 


---------------
1 
2. The text warning shall be placed on areas of the photograph where it 
2 
will not obscure the picture itself but will be prominently displayed; 
3 
3. The text shall use up no more than 30% of the entire area of the 
4 
Picture-based Health Warning and shall appear in clearly legible type 
5 
and in contrast by typograph, layout and color, without the use of any 
6 
border, frarne or any other design that will effectively lessen the size of 
7 
the textual warning; and 
8 
4. The accompanying text shall be printed in English on the front panel 
9 
and Filipino on the back panel and alternately, Filipino on the front 
10 
panel and English on the back panel. In the case of other containers 
11 
where there is only one (1) external surface area, the accompanying 
12 
text will likewise alternately be in English or Filipino. 
13 
Section 6. Side Panel. - In addition to the Picture-based Health Warning, 
14 
cigarette packages, as well as other tobacco product packages found in the market, 
15 
shall bear, on one side panel, additional information as issued by the DOH according to 
16 
Section 15, of this Act, such as, but not limited to, additional health warnings, hotlines or 
17 
websites f9r tobacco-related concerns, or tips on how to stop smoking. This information 
18 
shall be prominently displayed and the text thereto shall appear in clearly legible type 
19 
and in contrast by typograph, layout and color, without the use of any border or frame or 
20 
any other design that will effectively lessen the size of the additional health warnings. 
21 
Section 7. Descriptors. - Ninety (90) days after the effectivity of this Act, no 
22 
cigarette packs or other tobacco product packages shall contain any term, descriptor, 
23 
trademark, figurative or any other sign including colors, images, or numbers, or any 
24 
other package or product design or feature, that directly or indirectly create or are likely 
25 
to create the false impression that a particular tobacco product is less harmful than any 
26 
other tobacco product or brand, or that promote a tobacco product by any means that 
27 
are false, misleading, deceptive, or likely to create an erroneous impression about its 
28 
characteristics, health effects, hazards or emissions, such as, but not limited to, "low 
29 
tar", "light", "ultra-light", or "mild," "extra," "ultra," and similar terms in any language that 
30 
might mislead consumers, or corresponding symbols or colors signifying the same. 
31 
No cigarette packs or other tobacco product packages shall contain information 
32 
that may imply that one variant or brand is safer than the other, such as, but not limited 
33 
to, statements indicating that the tobacco product contains "reduced levels" of contents, 
5 


1 
substances, and emissions. Figures for emission yields, such as for tar, nicotine and 
2 
carbon monoxide, shall be prohibited, including when used as part of a brand name or 
3 
trademark. 
4 
Section 8. Minimum Principal Display Surface/ Prohibition on Smaller 
5 
Packages - To ensure the visibility, prominence, and impact of Picture-based Health 
6 
Warnings, no person or legal entity shall make, fabricate, import, sell or distribute cigar, 
7 
cigarette or other tobacco products with packages that have for its Principal Display 
, 
8 
Surface, a total area of less than 4950 square millimeters for each of the two largest 
9 
sides in the case of tobacco packages described in Sec 4 d (1). For other tobacco 
10 
packages that fall under Section 4 d (2) and 4 d (3), the minimum size for the principal 
11 
display surface shall also be 4950 square millimeters. 
12 
Section 9, Costs. - All printing costs pertaining to packaging and labelling shall 
13 
be shouldered by tobacco manufacturers and/or importers. 
14 
Section 10. Prohibition on Sales. - No person or legal entity shall sell or 
15 
commercially distribute or display any cigarette or tobacco product without ensuring that 
16 
the labels and packages, as well as any other container used in displaying the cigarette 
17 
or tobacco products, meet the requirements under this Act. Manufacturers and 
18 
distributors of tobacco products shall ensure the removal from all displays of non-
19 
compliant tobacco products manufactured and distributed by them within 120 days from 
20 
the effectivity of this Act. 
21 
Section 11. Prohibition on Obstruction of Display. - No person or legal entity 
22 
shall obscure or cover in part or in whole the Picture-based Health Warning in the 
23 
selling areas. The Picture-based Health Warnings shall be prominently displayed 
24 
whenever the said packages are commercially displayed. 
25 
Section 12. Liability of Manufacturers, Importers, and Distributor. -
26 
Manufacturers, importers, and distributors of tobacco products shall be directly liable for 
27 
any violations of the provisions of this Act. In the case of a business entity or 
28 
establishment, the chairperson of the Board of Directors, the owner, president, manager 
29 
and the corporate officials thereof shall be directly responsible therefore and shall be 
30 
made accduntable. Agents/representatives of the aforecited manufacturers, importers, 
31 
and distril:Mors who commit any violation of the provisions of this Act and its 
32 
implementing rules shall be jointly and severally liable with the manufacturers, 
33 
importers, and distributors. 
6 


1 
Section 13. Liability of Retailers and Sellers. - Retailers and sellers of tobacco 
2 
products shall be directly liable for violations of Section 10 and 11 of this Act. In the 
3 
case of a business entity or establishment, the chair of the Board of Directors, the 
4 
owner, president, manager and the corporate officials thereof shall be directly 
5 
responsible and shall be made accountable. 
6 
Section 14. Penalties for Non Compliance. -
7 
a. The following penalties shall individually apply to manufacturers, 
8 
importers, and distributors of tobacco products as well as their 
9 
agents/representatives for any violation of this Act: 
10 
1. On the first offense, a fine of not more than One Million Pesos (Php 
11 
1,000,000.00) shall be imposed; 
12 
2. On the second offense, a fine of Five Million Pesos (Php 
13 
5,000,000.00), shall be imposed; 
14 
3. On the third offense, in addition to a fine of not more than Twenty 
15 
Million Pesos (Php 20,000,000.00) or imprisonment of not more than 
16 
five (5) years, or both at the discretion of the court, the business 
17 
permits and licenses, in the case of a business entity or establishment 
18 
shall be revoked or cancelled. 
19 
If the guilty officer is a foreign national, he shall be deported after service of 
20 
sentence and/or payment of applicable fines without need of further deportation 
21 
proceedings and shall be forever barred from re-entering the Philippines. Filing of the 
22 
appropriate case- may be commenced by the DOH; the Philippine National Police 
23 
(PNP); a Prosecutor by himself; or any private citizen. 
24 
Each batch of non-compliant tobacco packages, regardless of size, that are 
25 
withdrawn from the manufacturing facility, imported into the Philippines for sale to the 
26 
market, transferred to other facilities, or delivered to the retail establishments after the 
27 
compliance date shall constitute one offense. An additional penalty of One Hundred 
28 
Thousand Pesos (Php 100,000.00) per day shall be made for each day the violation 
29 
continues after having received the order from the DOH or other appropriate body, 
30 
notifying the company of the infraction. 
7 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
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 be deported after service of 
sentence and/or payment of applicable fines without need of further deportation 
proceedings and shall be forever barred from re-entering from the Philippines. Filing of 
the appropriate case may be commenced by the DOH; the PNP; a Prosecutor by 
himself; or any private citizen. 
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 15. Picture-Based 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 Picture-based Health Warnings to be rotated, 
as well as guidelines respecting the printing instructions, specific pictures, design, or 
content of the information relating to the Picture-based Health Warnings, and other 
information that must appear in the tobacco product packages. The DOH shall consider 
the recommendations of leading non-government organizations that have established 
and proven records of dealing with tobacco-related diseases and deaths; Provided, 
however, that the absence of recommendations shall not delay the issuance of the 
, 
template and guidelines. All Picture-based Health Warnings issued shall comply with 
8 


1 
the specifications above and must always present the devastating effects of tobacco 
2 
use and exposure to tobacco smoke. 
3 
In light of technological developments in printing quality and package design, the 
4 
DOH shall have the authority to provide additional printing guidelines beyond those 
5 
specified in Section 5(e), to ensure that picture warnings remain effective and with 
6 
impact. 
7 
Picture-based Health Warning regulations issued by the DOH Secretary upon 
8 
recommendation of non-government organizations shall be presumed compliant with 
9 
the specifications listed above for purposes of implementation by the tobacco 
10 
companies. 
11 
Tobacco manufacturers and importers shall have no more than two (2) months to 
12 
comply with any new templates issued. 
13 
Section 16. Administrative Power: - Within one (1) year from the effectivity of 
14 
this Act, the DOH shall issue Guidelines and Administrative Sanctions to facilitate the 
15 
implementation of this Act, but this should, in no case, delay the implementation of this 
16 
Act and the deadlines/time frames set herein. 
17 
The DOH, in coordination with the Food and Drug Administration, is hereby 
18 
charged with implementing and enforcing the provisions of this Act and shall: 
19 
a. promulgate rules governing the hearings on alleged violations of this Act. The 
20 
hearings shall be summary in nature and shall be conducted by means of 
21 
position papers and affidavits. Any decision must be rendered by the DOH no 
22 
Ibnger than thirty (30) days from the date of filing; 
23 
b. impose, after notice and hearing and in accordance with the degree of the 
24 
offense and the nature of the business of the offender, administrative fines of 
25 
up to Ten Million Pesos (Php 10,000,000.00), the proceeds of which will be 
26 
used for health promotion campaigns on tobacco control of the DOH. 
27 
Provided, That manufacturers, importers, and distributors of tobacco products 
28 
as mentioned in Section 12 of this Act, shall have a higher penalty compared 
29 
to retailers and sellers, as provided in Section 13 of this Act; 
9 


1 
c. issue other administrative rules and regulations it deems necessary to 
2 
effectively implement the provisions of this law, such as but not limited to, 
3 
seizure, forfeiture, and destruction of non-compliant packages as described 
4 
under this law. 
5 
The non-issuance of the Regulations and Administrative Sanctions by the DOH 
6 
shall not prevent the coming into force of this Act. 
7 
The DOH shall have the power to call upon law enforcement agencies, and the 
8 
managing authorities in the economic zones for assistance in the implementation and 
9 
enforcement of its decisions, orders, rules and regulations. In addition, the DOH may 
10 
also deputize, whenever necessary, local government executives and representatives of 
11 
the national government agencies, tobacco control organizations and concerned sectors 
12 
to help monitor compliance with and report any violation of this Act. 
13 
The' filing of an administrative case for an act constituting a violation of the 
14 
administrative regulations to be issued by the DOH shall not preclude the simultaneous 
15 
or subsequent filing of criminal charges for the same act constituting a violation under 
16 
this Act, through criminal proceedings authorized under Section 14 of this Act. In the 
17 
same manner, neither shall the filing of criminal charges preclude the filing of 
18 
administrative cases. 
19 
Section 17. Strict Compliance and Inspections. - Absolutely no extensions of 
20 
time to comply with the provisions of this Act shall be granted to tobacco manufacturers 
21 
and importers or any other affected party. 
22 
For purposes of enforcing the law and ensuring compliance therewith, the DOH, 
23 
through FDA or other deputized law enforcement agency, or its authorized 
24 
representative, upon presenting appropriate credentials to the owner, manager, or 
25 
agent in charge, is authorized (1) to enter, at reasonable hours, any factory, warehouse 
26 
or establishment in which tobacco products are manufactured, processed, packed or 
27 
held, for introduction into domestic commerce or are held after such introduction, or (2) 
28 
to enter any vehicle being used to transport or hold the tobacco products in question; 
29 
and (3) to inspect, in a reasonable manner, such factory, warehouse, or establishment 
30 
or vehicle and all pertinent equipment, finished and unfinished materials, containers 
31 
and labeling therein. If the officer, employee, or person designated to make any such 
32 
inspection of a factory, warehouse or other establishment has obtained any sample in 
33 
the course of the inspection, upon completion of the inspection and prior to leaving the 
10 


1 
premises, he shall give the owner, manager, or agent-in-charge a receipt describing the 
2 
samples obtained. 
3 
The DOH shall have the power to punish the refusal of the owner, manager, 
4 
agent-in-charge or employee of the factory, warehouse, establishment, or vehicle who, 
5 
despite the presentation of appropriate credentials by the officer or employee 
6 
designated to conduct the inspection, refuses the entry of such officer or employee. 
7 
Section 18. Citizen Suits. - For purposes of enforcing the provisions of this Act 
8 
or its implementing rules and regulations, any citizen may file an appropriate civil, 
9 
criminal or administrative action in the proper courts or administrative body against: 
10 
(a) 
Any person or entity who violates or fails to comply with the provisions of 
11 
this Act, its implementing rules and regulations, including the template, 
12 
guidelines, or other regulations; or 
13 
(b) 
The DOH and other implementing agencies with respect to rules and 
14 
regulations issued inconsistent with this Act; and/or 
15 
(c) 
Any public officer who willfully or grossly neglects the performance of an 
16 
act specifically enjoined as a duty by this Act, its implementing rules and 
17 
regulations, including the template, guidelines, or other regulations; or abuses his 
18 
authority in the performance of his duty; or, in any manner, improperly performs 
19 
his duties under this Act or its implementing rules and regulations including the 
20 
template, guidelines, or other regulations. 
21 
The administrative, civil and criminal actions allowed under this section shall be 
22 
alternative and cumulative and shall not preclude any other person from filing a similar 
23 
action. 
24 
Section 19. Other obligations of the Tobacco Industry. Compliance with the 
I 
25 
Act shall not remove or diminish any other obligations of tobacco manufacturers, 
26 
importers, distributors, retailers, and sellers, including but not limited to, obligations to 
27 
warn and inform consumers about the health hazards of tobacco use and exposure to 
28 
tobacco smoke. 
29 
Section 20. Separability Clause. - If any clause, provision, paragraph or part 
30 
thereof shall be declared unconstitutional or invalid, such judgment shall not affect, 
11 


1 
invalidate or impair any other part hereof but such judgment shall be merely confined to 
2 
the clause, provision, paragraph or part directly involved in the controversy in which 
3 
such judgment has been rendered. 
4 
Section 21. Repealing Clause.-
All other laws, decrees, executive order and 
5 
other administrative issuances and parts thereof which are inconsistent with the 
6 
provisions of this Act are hereby modified, superseded or repealed accordingly. 
7 
Section 22. Effectivity. - This Act shall take effect fifteen (15) days following its 
8 
publication in the Official Gazette or in a major daily newspaper of national circulation in 
9 
the Philippines. 
Approved, 
12