Republic of the Philippines RECEIVED ”
HOUSE OF REPRESENTATIVES pare 30 ULM
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

2660

HOUSE BILL NO. ~~ *"

Introduced by REP. NATHANIEL “Atty. Nat” M. ODUCADO

EXPLANATORY NOTE

Noncommunicable diseases (NCDs) such as cancer, cardiovascular disease, diabetes,
and chronic respiratory diseases account for 68% of the total deaths in the Philippines.' Obesity
has been identified as a key risk factor for these NCDs.” In the Philippines, the prevalence of
overweight and obesity among children 5-10 years old has increased from 5.7% in 2003 to
12.9% in 2023.3 Among adolescents, the prevalence increased from 4.9% in 2003 to 12.5% in
2023.‘ With these 2023 levels, the country is not on track to achieve the targets of the Philippine
Plan of Action for Nutrition 2023-2028 for overweight and obesity. Without interventions,
more than 30% of Filipino adolescents are estimated to fall into this category by 2030.

Filipinos have become more vulnerable to NCDs because of the increased availability
and consumption of prepackaged food products that contain unhealthy types of fat or are high
in sodium or sugar’, together with marketing strategies that disproportionately target
children’—who are especially vulnerable to the influence of advertising and nutritional
claims.* This is compounded by the fact that the country does not have an effective labelling
system. Nutrition information on food labels is often difficult to access as they are printed on
the back of product packaging, and even more difficult to understand—especially among

WHO (2019). Prevention and control of noncommunicable dseaes im the Philppmes: The cave for imesmment” p 1 Available at

‘of Science and Technology — Food and Nutrition Research Institute (2023). Trends ami Tracking of Nutrition Targets, ailable st
‘nips lenutnition fn dost gov phvuploads9_ 2023 NNS_TRENDS%20AND9420TRACKINGY2O0FS.°0NUTRITIONS20TARGETS pdf (last
accessod duly 14,2025),

4a

® UNICEE 2022). Everybody Needs to det to Curb Obesity. Available a hips: worw unicef or phy nes pressreleasesveryhoh-nee ig

babes (Int accessed January 23,2024)

© acy Ne Lin a, Phe feof grad prec fo impr on he eae of ere and bey in 72 cone 14 GLOBAL MEALTH 36.2018

7 Research on childrens exposure to television advertisements indicates tat high-ugar high-salt, and high-fat fods are dispropontonatly more
promote than healthier alternatives during cild-viewing hours. See FoodAct Asia (PH) Policy Bre(3'22) Tackling the Obesity Challenge Urgent
Jorn tenia Fotki Pe

8 unicer oz, Unhealthy Foods and Nomalcoholic Beverages 10 Children Available at
an to anion fata’ tenon dG sxecdhrry 23.202


consumers from lower-income households? This obesogenic environment within the
Philippines prevents Filipinos, especially children, from making informed food choices. '"

It is the State’s duty to “protect and promote the right to health of the people and instill
health consciousness among them.”'! The State must protect and promote the right of every
Filipino to the enjoyment of the “highest attainable standard of health,”!? and in fulfillment of
the best interests of the child, defend the right of children to proper care and nutrition, and
“special protection from conditions that are prejudicial to their development.” In meeting
these duties, the State must strive to create a healthy environment that enables Filipinos,
especially children, to make healthy food choices.

This proposed measure aims to address the foregoing issues, and fulfil the above-mentioned
duties of the State, by:
(1) Introducing mandatory front-of-package waming labels (FOPWL) to help Filipinos
avoid food that exceed prescribed thresholds for energy. fat, sodium, and sugar; and
(2) Regulating all forms of marketing including those in locations frequented by children,
to minimize the power of, and reduce the exposure of children to, marketing of food
that exceed prescribed thresholds for energy, fat, sodium, and sugar.

Similar policies in other countries have shown promising results, with FOPWL having been
proven to reduce purchases of food and beverages with excessive amounts of nutrients of
concern" and marketing restrictions leading to a significant decrease in children’s exposure to
advertising of the same.!

The proposed measure aligns with our shared vision of creating a healthier Philippines
where Filipinos can lead healthy lives. Thus, approval of this bill is earnestly sought.

er Sei NAT” M-ODU:

1Tahanan Party Li

° sinclair, tl, (2013) Sociodemographic differences inthe comprehension of murtiona labels on fo! products

10 UNICEF (2021), Prevenion of Overweight and OBesiy im Children: Landscape Analsss and Priority Actions Philippines Brief Avalble at
bis wr unicef or/eap medi 221 ile Preventon™200f% 200verweight420and%<200 best %20in%<20Childen: pe (lst sessed January 23,
200),

* pnitippine Constitution, art. 1 (15)

*2 Convention on the Right ofthe Chil a. 24(1)

8 puitppine Constiution. at. XV (3)

‘4 UNICET 2021). From of Pack Nurition Labeling Available at fps / www unicef oramesia]16686// conto
ack&42ONtrition®201abeing®s20(FORNI) pel (ast accessed January 23,2024)

18 UNICEF (2021), Marketing of Unhealthy Foods and Nonalcoholic Beverages 1o Children. (ailble at his; ww unicef onmedil
11469 ile Marketing™2orestnetions pt (last accessed January 23.2024,

2


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

TWENTIETH CONGRESS
First Regular Session

2660

HOUSE BILL NO.

Introduced by REP. NATHANIEL “Atty. Nat” M. ODUCADO

AN ACT
TO CREATE A HEALTHY FOOD ENVIRONMENT BY REQUIRING FRONT-OF-
PACKAGE WARNING LABELS 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 “Healthy Food Environment Act”.

SECTION 2. Declaration of Policy. It is the policy of the State to protect and promote the
right to health of all Filipinos, and instill health consciousness among them. It is likewise the
policy of the State to protect and promote the right of every child to the enjoyment of the
highest attainable standard of health and to defend their right to proper care and nutrition, which
includes the right to healthy environments.

‘The State therefore recognizes the need to enable all Filipinos to make informed food choices
and avoid food and beverages that are harmful to one’s health in line with its policy to protect
consumers from trade malpractices and substandard or hazardous food products.

The State also recognizes the urgent need to protect children from obesogenic food
environments that promote the sale and marketing of food that are high in fats. sodium, and
sugar.

SECTION 3. Objective. This Act aims to:
a. Guide the population in making informed food purchases and discourage
Filipinos—especially children and people living with or at risk of non-
communicable diseases—from consuming food containing energy, fat, sodium,

and sugar in excess of the prescribed maximum thresholds; and


b.

Minimize the power of, and reduce the exposure of children to, marketing of food
and beverages containing energy, fat, sodium and sugar in excess of the prescribed
maximum thresholds.

SECTION 4. Definition of terms. As used in this Act:

a

“Breastmilk substitutes” refers to any food being marketed or otherwise
represented as a partial or total replacement for breastmilk, whether or not suitable
for that purpose;

“Calories” refer to the unit of measurement used to determine the amount of
energy that a food provides;

"Child" refers to persons below eighteen (18) years of age, or any person eighteen
(18) years of age or over but who are unable to fully take care of themselves or
protect themselves because of a physical or mental disability or condition;
“Child-directed marketing” refers to all marketing targeted to or to which
children are exposed to, which includes, but is not limited to, marketing that uses:
images, sounds or language designed to appeal to children such as cartoon
characters, personalities or celebrities that target or address children in their content
(licensed or unlicensed), children actors or voices, or references to school or play:
toys or book giveaways, competitions or promotional giveaways, buy-one-take
one, discounts, and pricing bundle strategies; themes designed to attract children
(eg. fantasy or adventure); games or activities that are likely to be popular with
children; or other similar or analogous appeals. Child-directed marketing also
includes marketing that is directed to a parent (or another adult) where the end-
consumer is a child.

“Child-centered settings” refers to any location that is frequented by familics and
children because of activities, attractions, or infrastructure targeted or directed to
children, including but not limited to schools, educational establishments, learning
institutions, playgrounds, amusement parks, or other service centers or places
frequented by families and children, and other similar and analogous settings.
“Cross-border marketing” refers to marketing which originates within the
territory of the Philippines and enters or could be received in another territory, as
well as that which originates outside the territory of the Philippines and is received
or accessible within the territory.

“Complementary nutritional information” refers to any information that may
state, suggest, or imply that a food or beverage possesses particular nutritional or
health properties, especially, but not limited to its energy value, protein, fat,
carbohydrates, dietary fiber content, critical nutrients, vitamins, minerals,
including assertions of fortification

“Distributor” refers to any person to whom a prepackaged food product is
delivered or sold for purposes of distribution in commerce. Distributors include
importers, exporters, traders, or wholesalers.

“Educational establishment” refers to any establishment, including but not
limited to schools, learning institutions, play schools, sports camps, youth


development facilities, and other places, where a child as defined in this Act
engages in activities that contribute to their overall growth and development
through any means of instruction.

“Food and beverage industry” means manufacturers. wholesale distributors. and
importers of prepackaged food.

“Front-of-package warning label (FOPWL)” refers to the simplified nutrition
information system on the main face of the packaging of prepackaged food
products that warn consumers when a product contains excessive amounts of
nutrients of concern as prescribed in Section 6 of this Act;

“Importer” means the consignee or the Philippine agent or representative of a
foreign owner or consignee of raw materials, ingredients, and/or finished
prepackaged food at the time of such entry of such article in the Philippines.
“Health claim” means any representation that states. suggests, or implies that a
relationship exists between a food or a constituent of that food and health.

“Main face” refers to the part of the packaging that is intended to be displayed,
where the sales name and the brand or logo, if any. are recorded in their most
relevant forms.

“Manufacturer” means a person who makes, mixes, cooks, packs, combines
packaging or modifies packaging of prepackaged food required to have a warning
label under this Act. This shall include any person who attaches one’s own brand
name to a prepackaged food product manufactured, assembled, or processed for
them.

“Marketing” means any form of commercial communication of messages,
including those distributed by digital means, that are designed to, or have the effect
or likely effect of, increasing the recognition, appeal and/or consumption of
particular products and services, whether directly or indirectly. It includes but is
not limited to acts of advertising and promotions of a product or service including
the advertising of corporate social responsibility initiatives, and sponsorships.
“Message” means the presentation of letters, images, artificial marks,
photographs, motion pictures, light, sound, or any other action that enables the
general public to comprehend the conveyed meaning.

“Micro, small, and medium enterprise (MSME)” refers to food business
operators as defined within the classification of industries by the Department of
‘Trade and Industry (DTI).

“Nutrient” 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;
“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
the promotion of health;

“Nutrients of concern” refer to those nutrients that when ingested above the
maximum values are considered as risk factors associated with non-communicable


bb.

dd.

diseases; these include but are not limited to sugars, sodium, saturated fats. total
fats, and calories.

“Nutrition claim” means any representation which states, suggests or implies that
a food has particular nutritional properties including but not limited to the energy
value and to the content of protein, fat and carbohydrates, as well as the content of
vitamins and minerals. Provided, that (1) the mention of substances in the list of
ingredients; (2) the mention of nutrients as a mandatory part of nutrition labelling;
(3) quantitative or qualitative declaration of certain nutrients or ingredients on the
label if required by national legislation do not constitute nutrition claims.
“Point-of-sale” refers to a kiosk, counter, cashier, or any specific, definite, and
limited area, where an individual can purchase or otherwise obtain prepackaged
food.

“Prepackaged food product” refers to any substance, which is intended for
human consumption and includes non-alcoholic drinks for human beings. and
chewing gum, resulting from the application of physical, chemical, or biological
processes to a “primary food commodity”, that is prepared in advance and placed
in a container, labelled and ready for sale or distribution, or for catering purposes.
“Public event” means any activity that is open for public access and participation,
regardless of the identity of the organizer or coordinator of such activity. It includes
but is not limited to events such as sporting, music, and recreation events that target
and attract children.

“Public space” means a place accessible to the general public or a place for
collective use, regardless of ownership or right to access.

“Public transport” means any vehicle used for carriage of members of the public,
usually for reward or commercial gain, including taxis and vehicles for hire.
“Saturated fat” refers to fatty acids that contain the maximum number of
hydrogens possible, and no carbon-carbon double bonds. Saturated fats 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;

“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, there are other sodium salts that are of
industrial origin, such as monosodium glutamate (flavor enhancer); 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);

“Sponsorship” means any form of contribution to any event, activity or individual
with the aim, effect or likely effect of promoting a food or beverage product either
directly or indirectly.


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ee. “Sugar” refers to all monosaccharides and disaccharides other than polyols. Most
commonly regulated is “free sugar” which refers to monosaccharides and
disaccharides added to food and beverages by the manufacturer, cook, and/or
consumer plus sugars that are naturally present in honey, syrups and juices:

ff. “Sweetener” refers to a substance, whether caloric or non-caloric, intentionally
added to a food product to impart sweetness. Caloric sweetener refers to a
substance that is sweet and includes sucrose, fructose, and glucose that produce a
certain sweetness. Non-caloric sweetener refers to a substance that is artificially or
chemically processed that produces a certain sweetness. These are substances
which can be directly added to beverages such as aspartame, sucralose, saccharin,
acesulfame potassium, neotame, cyclamates and other non-nutritive sweeteners
approved by the Codex Alimentarius and adopted by the FDA;

gg. “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.

SECTION 5. General Rule on Statutory Construction. This Act shall be construed strictly
in favor of improving the health of Filipinos, especially children, decreasing the rate of obesity
and overweight, and reducing the morbidity and mortality due to non-communicable diseases
among them. Any doubt in the interpretation of the provisions of this Act shall be resolved in
favor of the State policy to protect public health and uphold the best interests of the child.

Nothing in this Act shall be construed as limiting the powers of local government units
(LGUs) under the general welfare clause of Republic Act No. 7160 or the Local Government
Code.

ARTICLE II. | FRONT-OF-PACKAGE WARNING LABELS

SECTION 1. Mandatory front-of-package warning labels (FOPWL). No person shall sell,
manufacture, import, export, or distribute prepackaged food without a FOPWL as 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 2. Form, size, placement, and characteristics of the warning label, When the
final composition of the prepackaged 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 FDA, in accordance with the following guidelines:

a, The packaging must include one warming label for each nutrient of concem in

excess of prescribed values, namely:

i, “HIGH IN SUGAR”;
ii. “HIGH IN SODIUM”;
“HIGH IN SATURATED FAT”;
iv. “HIGH IN TOTAL FAT’;



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b. If the product's calories is in excess of the prescribed values the package must

include the following warning label:
i, “HIGH IN CALORIES”.

c. Ifthe product contains sweeteners, the package must include the following warning
label:

i, “CONTAINS SWEETENERS, NOT RECOMMENDED FOR
CHILDREN”.

. The waming label for a and b of this section shall have the form of black octagons
with a white edge and capital letters;

e. The warning label for c of this section shall have the form of a black rectangle with
a white edge and with capital letters;

f. The size of each warning label shall never be less than five percent (5%) of the
total area of the main face of the packaging. 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 fifteen (15%) of the total
area of the front of the package.;

g. 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;

h. The warning label must be located on the top right edge of the product’s main face.
If the shape of the product is round or cylindrical, it must be on the top center of
the main face.

i, If the product has more than one warning label, they must be placed adjacent to
each other on the product's main face.

j. 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.

SECTION 3. Maximum values of nutrients of concern for prepackaged food. The
Department of Health (DOH) shall develop or adopt a nutrient profile model (NPM) to
determine the maximum values of energy, sugar, sodium, saturated fat, total fat, and other
nutrients for prepackaged food. Pending the development of a local NPM, a conflict-free,
evidence-based NPM recommended by the World Health Organization shall be used as the
basis for such maximum values.

SECTION 4. Prohibition against misleading claims, other promotional features in the
packaging. It is absolutely prohibited for all prepackaged food required to have a warning label
under Section 6 of this Act to contain:

a. Complementary nutritional information;


Arona

b. —_Logotypes or phrases stating the sponsorship or endorsements of scientific
societies or civil associations or other relevant actors:

cc. Any other health and nutrition claim; and

d. Any advertisement or promotional feature that qualifies as child-directed
marketing as defined in this Act.

SECTION 5. Misbranding. A violation under Sections 6, 7, or 9 of this Act shall render the
product misbranded under Republic Act No. 9711. Pursuant to Section 11 of Republic Act No.
3720 as amended by 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
that is adulterated, unregistered or misbranded;

b. The adulteration or misbranding of any food.

SECTION 6. Prohibition against concealment or obstruction of warning labels.
Prepackaged food products required to have a warning label under Section 6 shall be displayed
with the warning labels in full view for the consumers in retail stores. The concealment or
obstruction of the warning labels in retail stores, whether partial or whole, is prohibited.

Any concealment or obstruction of view of warning labels herein shall be considered as a
deceptive act or practice under Republic Act No. 7394 or the Consumer Act of the
Philippines and is considered a prohibited act therein.

SECTION 7. Exemptions. Prepackaged food for special therapeutic dietary uses that are
formulated for a particular physiological condition or as partial replacement for meals. and
culinary ingredients which typically consist of only one nutrient in high purity (such as cooking
oils, table sugars, common table salt, etc.) shall follow their respective labeling requirements
and shall be exempted from the obligation to incorporate FOPWL. Breastmilk substitutes shall
likewise be exempted from this Act and shall follow the guidelines promulgated by Executive
Order No. 51, series of 1986 (the Philippine Milk Code), its implementing rules and regulations
and other pertinent regulations.

28ARTICLE Ill. RESTRICTIONS ON THE MARKETING OF PREPACKAGED FOOD

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PRODUCTS REQUIRED TO HAVE A WARNING LABEL

SECTION 1. Minimizing the power of child-directed marketing.

a. It is absolutely prohibited to employ child-directed marketing or to initiate,
produce, publish, broadcast, or disseminate any marketing that employs child-
directed marketing techniques for all prepackaged food required to have a warning
label under Section 6 of this Act. This prohibition includes, but is not limited to,
such child-directed marketing in the following settings:

i. Television, broadcast radio and print media;
ii, Outdoor environments (such as billboards):


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iii, Retail environments (such as vending machines, points-of-sale, groceries,
supermarkets, retail stores, and malls);
iv. Public spaces (such as public transportation terminals, public utility vehicles,
parks, schools, evacuation centers);
vy. Digital media and e-commerce platforms, such as, but not limited to, social
media platforms and mobile application platforms; and
vi. Public events (such as shows and activities, or in entertainment venues).
Alll persons who sell, manufacture, distribute, or import prepackaged food that are
required to have a warning label herein are likewise prohibited from engaging in
sponsorship as defined in this Act. This prohibition shall also apply to any person
who receives or facilitates such sponsorship, including but not limited to, the media
or event organizer, venue owner, team owner, sportsperson, celebrity, artist, or
other performer.
The DOH, in coordination with the Council for the Welfare of Children (CWC), is
hereby authorized to identify and regularly publish a schedule of forms, methods,
and means of marketing that are considered child-directed marketing under this
Act, and other similar and analogous appeals to child-directed marketing
techniques for the guidance of relevant stakeholders. Omission from the list does
not exempt any marketing activity from the scope of prohibited conduct, provided
that it meets the criteria set out in this Act.

SECTION 2. Reducing exposure of children to the marketing of prepackaged food
products required to have a warning label. It is absolutely prohibited to market prepackaged
food products required to have a warning label under Section 6 of this Act in the following

settings:
a.
b.

Inand within 250 meters from any point of the perimeter of child-centered settings;
Between 6:00 a.m. to 10:00 p.m. for all programs, commercials, and films shown
in television with a rating other than SPG, in the case of television shows, or R-18,
in the case of movies, by the Movie and Television Review and Classification
Board (MTRCB); and

Between 6:00 a.m. to 10:00 p.m. for all programs and commercials broadcast on
radio.

SECTION 3. When communication is not considered marketing. The following
exhaustive list of communications and actions shall not be considered marketing of
prepackaged food products required to have a warning label under Section 6 of this Act even
if likely to have an incidental promotional effect, provided they are reported to the DOH as
required under Section 17 of this Act:

a.

b.

Display of brand name, product name, and/or manufacturer's name on prepackaged
food product packaging, without any marketing features on the package:
Dissemination or reporting of information on company practices that do not
involve contributions to other parties, where required for necessary business
administration or for mandated corporate reporting;


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c. Legitimate journalistic, artistic, or academic expression of food and beverage
content and genuine social or political commentary, authored or created by named
individuals engaged in journalism, art, or the academe, for which no payment or
any other consideration is made by the food and beverage industry;

d. Product information provided to entities within the food and beverage industry
trade, with access only to persons/entities who need the information; and

e. Manufacturers and distributors’ newsletters destined for distribution within the
food and beverage industry and related business partners.

SECTION 4. Protecting children from data processing. The processing of personal data of
children for the development of marketing of prepackaged food products required to have a
warning label under Section 6 of this Act shall be prohibited.

Large digital platforms and search engines shall maintain and publicly disclose
comprehensive marketing repositories, allowing scientific research, civil society and
competent authorities to monitor all marketing sold on their service. These repositories shall
include information such as the identity of the marketing buyer, the period in which the
marketing material was displayed, the demographics of the target audience and information
on how the marketing was viewed.

SECTION 5. Promoting transparency in food and beverage marketing. In addition to any
guidelines that the FDA may develop, all prepackaged food products required to have a
warning label under Section 6 of this Act shall adhere to the following marketing guidelines:

a. Prepackaged products featured in marketing materials must display the waming
labels consistently with their appearance on the actual products, as specified under
Section 7 of this Act;

b. __ Inall kinds of visual media, warning labels must be clearly visible, at all times, on
the bottom right comer. The size of each warning label shall never be less than five
percent (5%) of the total display area;

¢. For radio and auditory media, warnings should be communicated in a clear,
prominent, and easily understandable manner.

Within two (2) years from the date of effectivity of this Act, large enterprises (as defined by
the DTI) in the food and beverage industry shall submit an annual report to the Lead Agency,
copy furnishing the FDA-Center for Food Regulation Research (FDA-CFRR), detailing all
expenditures relating to the marketing of prepackaged food products required to have a
warning label under Section 6 of this Act. The Lead Agency shall prescribe the manner and
form of such report and shall provide sanctions for non-compliance.

ARTICLEIV. IMPLEMENTATION


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SECTION 1. Lead Agency. The DOH shall oversee and ensure the implementation of the
provisions of this Act in coordination with the agencies that shall comprise the inter-agency
task force in Section 19 of this Act, and shall have the power to issue other policies, rules,
regulations, and standards for such implementation. In line with this mandate. the DOH shall
convene and lead the inter-agency task force in Section 19 for the implementation of this Act.

SECTION 2. National Task Force for a Healthy Food Environment. To ensure inter-
agency coherence and consistency in the implementation of Articles II and III of this Act, a
National Task Force (NTF) for a Healthy Food Environment is hereby created.
a. The NTF shall be composed of the following persons and/or heads of the following
offices, to wit:

DOH Chairperson
FDA Vice Chairperson
National Nutrition Council (NNC) Vice Chairperson
cwc Member
Department of Education (DepEd) Member
Department of Trade and Industry (DTI) Member
Department of the Interior and Local Government (DILG) Member

Land Transportation Franchising and Regulatory Board Member
(LTFRB)

Early Childhood Care and Development (ECCD) Council Member
National Council for Children's Television (NCCT) Member

‘The Department Secretaries or Chairpersons may designate permanent and alternate
authorized representatives to the NTF.

b. ‘The NTF shall:

i, Coordinate and align programs, strategies, and activities to enforce the
provisions of this Act, as applicable;

ii, Monitor and evaluate implementation of this Act;

iii. Develop and regularly implement a nationwide social and behavior change
communication (SBCC) campaign to promote the consumption of healthy
food and beverages, increase health and nutrition literacy among Filipinos,
emphasize the risks of overconsuming foods that are high in fats, sodium,
and sugar, and discourage the consumption of prepackaged food required to
have a warning label; and

iv. Develop and implement programs and activities to build the capacity of the
NTF members to fulfil their mandates and functions under this Act.

c. The NTF may, as necessary, coordinate and collaborate with other government
agencies, civil society and non-government organizations, and individual experts
that have relevant mandates and/or expertise that may be useful to accomplish its


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functions under this Act, provided, that Sections 25 and 26 of this Act are strictly
complied with.

SECTION 3. Powers and functions of the members of the National Task Force for a
Healthy Food Environment.
a. The DOH shall:

vi.

<

viii,

Regularly convene the NTF as chairperson and coordinate with its members
to develop and implement strategies and activities to enforce the provisions
of this Act;

Designate a member of the NTF to serve as the Secretariat;

iii. Regularly publish a schedule of forms, methods, and means of marketing that

are considered child-directed marketing as defined under this Act, and other
similar and analogous appeals to child-directed marketing techniques;

iv. Coordinate with the FDA, ECCD Council, DTI, DepEd and LGUs, as

applicable, to enforce the marketing prohibitions in and within 250 meters
from any point of the perimeter of child-centered settings under Section 14(a)
of this Act;

Identify other child-centered settings as defined under this Act, in
coordination with the DepEd and ECCD Council;

Develop guidelines to enforce the prohibitions under Section 14(a) of this
‘Act, in coordination with the FDA and CWC;

ii. Develop and implement programs, strategies. and activities to promote

healthy diets, in coordination with the DILG for local implementation under
Section 21 of this Act and with the DepEd for implementation within
schools;

|. Implement SBCC strategies and activities to promote the consumption of

healthy food and beverages among Filipinos pursuant to Section 19(b)(iii) of
this Act;

. Oversee the development of programs and activities to build the capacity of

the NTF members to fulfil their mandates and functions under this Act in
accordance with Section 19, in coordination with the NTF members and
other relevant stakeholders;

b. The FDA, through the Center for Food Regulation and Research shall:

Assist the DOH in convening the NTF, as vice chairperson;
Enforce the prohibitions relating to warning labels under Section 6, 7, 9, and
10 of this Act;

. Develop guidelines to prescribe procedures and requirements for record-

keeping of food and beverage manufacturers to comply with this Act;

. Enforce compliance with Sections 6, 7, 9,13 and 17 of this Act;

Coordinate with the DOH to develop guidelines to enforce the prohibitions
under Section 14(a) of this Act;


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vi.

Implement SBCC strategies and activities to promote the consumption of
healthy food and beverages among Filipinos pursuant to Section 19(b)(iii) of
this Act;

The CWC shall:

i.
ii.

Assist the DOH in convening the NTF, as vice chairperson;
Coordinate with the DOH to develop guidelines to enforce the prohibitions
under Section 14(a) of this Act;
Implement SBCC strategies and activities to promote the consumption of
healthy food and beverages among Filipinos pursuant to Section 19(b)(iii) of
this Act, especially for children;

The NNC shall:

Recommend improvements to the policy to strengthen implementation:
Assist all members of the NTF in creating SBCC strategies and activities to
promote the consumption of healthy food and beverages among Filipinos
pursuant to Section 19(b)(ii) of this Act;

Provide technical assistance in the development of SBCC strategies and
activities to promote the consumption of healthy food and beverages among
Filipinos pursuant to Section 19(b)(ii) of this Act, especially for children;

‘The DepEd shall:

Coordinate with schools and local government units to enforce the marketing
prohibitions in and within 250 meters from any point of the perimeter of
child-centered settings under Section 14(a) of this Act;

Implement SBCC strategies and activities to promote the consumption of
healthy food and beverages among Filipinos pursuant to Section 19(b)(iii) of
this Act, within schools, such as but not limited to developing curriculum
materials on food marketing to children, as part of the media and information
literacy subject, and FOPWL.

The DTI shall:

i
ii.

Enforce compliance with Section 11 of this Act:
Enforce prohibitions against child-directed marketing through sponsorship
under Section 13(b) of this Act, provided that when the violation occurs in
and within 250 meters from any point of the perimeter of child-centered
settings, Section 14 shall apply and be enforced by the FDA, ECCD. and
LGUs, as applicable;

Enforce the marketing prohibitions for retail environments under Section 13
(a)(iii) of this Act;

iv. Enforce the marketing prohibitions for digital and e-commerce platforms

under Section 13(a)(v) of this Act;


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v. Enforce the marketing prohibitions for broadcast radio under Section 14(c)
of this Act;

vi. Support LGUs to enact and implement ordinances or executive orders under
Section 21 of this Act.
The DILG shall:
i. Support LGUs to enact and implement ordinances or executive orders under
Section 21 of this Act;
The LTFRB shall:

i, Enforce prohibitions against child-directed marketing under Section
13(a)(iv) of this Act in public utility vehicles;

The ECCD Council shall:

i, Enforce the marketing prohibitions in and within 250 meters from any point
of the perimeter of child-centered settings under Section 14(a) of this Act, in
coordination with the DOH;

ii. Coordinate with the DOH for the identification of other child-centered
settings as defined under this Act; and

The NCCT shall:

i. Set standards for child-friendly television programming, and can work with
broadcasters and relevant agencies to promote child-sensitive media and
encourage compliance with the marketing prohibitions for broadcast
television under Section 14(b) of this Act.

SECTION 4. Local Implementation.

a.

LGUs, through appropriate issuances such as ordinances or executive orders. shall
establish mechanisms to enforce the provisions under Sections 6, 7, 9, 13, and 14(a)
of this Act, as applicable, within their jurisdictions and shall impose penalties for
violations thereof. For this purpose, local health boards (LHBs) and local councils
for the protection of children (LCPCs) shall regularly monitor the compliance of
LGUs with the provisions of this Act.

All LGUs are enjoined to form Local Task Forces for Healthy Food Marketing
Environment to implement the provisions of this Act, and shall mobilize local law
enforcement to apprehend violators of this Act and to institute the appropriate
criminal proceedings therefor. Such task forces shall be led by a local office with
expertise on childhood nutrition and/or health promotion, and shall include youth
and civil society representation, which representation shall strictly comply with
Sections 25 and 26 of this Act. The LF shall submit reports to the NTF of any
prohibited marketing herein denied, removed, disabled, or acted upon, as well as
complaints received from individuals or organizations, annually beginning from
the implementation of the prohibitions of this Act.


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c. _ LGUs may mobilize the Special Health Fund under Republic Act No. 11223 or the
Universal Healthcare Act, among other resources available, to implement local
projects, programs, and activities consistent with this Act.

SECTION 5. Role of the Ad Standards Council (ASC) and other entities.

a. The ASC shall revise its standards, guidelines, codes of ethics, and other rules and
regulations in compliance with the provisions of this Act, no later than one (1) year
from its effectivity.

b. Without prejudice to other provisions of this Act, all entities involved in the
marketing chain, whether analog or digital, including digital media or e-commerce
platforms shall:

i. Monitor and remove or disable any prohibited marketing upon notice by the
NTF that a violation of this Act may have occurred;

ii, Establish an effective process and mechanism to receive and act on
complaints from individuals and organizations for violations of this Act as
may be required by NTF, and report to the NTF actions taken on said
complaints; and

iii, Preserve relevant documents, websites, webpages, upon request of the NTF.

SECTION 6. Inspection powers and record keeping. The FDA through its registered agents
shall have the power to inspect the premises and records of manufacturers and distributors to
determine compliance with the provisions of Sections 6, 7, 9, and 10 of this Act. The FDA.
shall develop guidelines to prescribe procedures and requirements for record-keeping.

SECTION 7. Compliance by micro, small, and medium enterprises (MSMEs). 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 covered by this Act.

SECTION 8. Policy against industry interference. Government, including institutions and
instrumentalities of the State at the national and sub-national levels and to persons working in
government or engaged by government to work on its behalf, shall ensure that policy setting
and implementation of laws that ultimately aim to promote the right to health of all Filipinos,
especially children, are based on best available evidence free from conflict of interest and
protected from the commercial and other vested interests of the food and beverage industry.

SECTION 9. Declaration against conflict of interest. All representatives of government
agencies and organizations, including civil society, non-government, grassroots, and
international organizations, that take any part, directly or indirectly, in the setting and
implementing of policies and measures that are part of the strategic framework of measures to
reduce overweight and obesity shall be required to fully accomplish a signed declaration under
oath prepared by the DOH that states, among others, that they are not affiliated with the food
and beverage industry, and that they do not act on such industry’s behalf or interests. The

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signed and notarized copy of such declarations shall be made available to the public primarily
via the DOH website and other means to readily access such information.

SECTION

10. Multisectoral coordination and civil society participation for

enforcement, monitoring and surveillance.

a.

SECTION
assistance.
a

The State recognizes the role of civil society organizations and the private sector
in promoting public health. The NTF members in Section 19 herein may engage
civil society organizations and the private sector, as long as they are not affiliated
or related with the food and beverage industry and have signed a declaration
against conflict of interest described in Section 26, 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.

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.

The DOH shall develop and publicize mechanisms for filing anonymous
complaints, including the provision of hotlines and whistleblower complaints, to
encourage citizen participation in the compliance monitoring and surveillance of
this Act.

iL. Intern:

ional cooperation and provision on technical and financial

The State recognizes that international and regional cooperation is an important
component of regulating cross-border marketing of prepackaged food products
required to have a warning label.

For this purpose, NTF members may seek and receive technical and/or financial
assistance from international organizations, except those that belong to or are
affiliated with the food and beverage industry as defined herein, for the purpose of
implementing the provisions or pursuing the objectives of this Act, subject to
existing laws, rules, and regulations, provided that, Sections 25 and 26 of this Act
are strictly complied with


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implementing the provisions or pursuing the objectives of this Act, subject to
existing laws, rules, and regulations, provided that, Sections 25 and 26 of this Act
are strictly complied with

SECTION 29.

ARTICLE V. PENALTIES

Penalties. The following penalties shall be imposed for each violation

of the prohibitions in this Act:
a. Forviolations of Sections 6, 7, 9, 10, 13, and 14 of this Act, the following penalties
shall be imposed:

If the offender is a large enterprise, a fine of not less than five hundred
thousand pesos (Php 500,000) but not more than one million pesos (Php
1,000,000) shall be imposed on the first offense. Provided, that a fine of not
Jess than one million pesos (Php 1,000,000) but not more than five million
pesos (Php 5,000,000) shall be imposed on the second offense, and Provided,
finally that a fine of not less than five million pesos (Php5,000,000) but not
more than ten million pesos (Php 10,000,000) on the third offense;

If the offfender belongs to the Micro, Small and Medium Enterprises
(MSME), a fine of not less than five thousand pesos (Php 5,000) but not more
than ten thousand pesos (Php 10,000) shall be imposed on the first offense,
Provided, that a fine of not less than ten thousand pesos (Php 10,000) but not
more than twenty thousand pesos (Php 20,000) shall be imposed on the
second offense, and Provided, finally that a fine of not less than twenty
thousand pesos (Php 20,000) but not more than fifty thousand pesos (Php
50,000) on the third offense;

If the offender is a natural person not belonging to the above offenders, a
Fine of not more than five thousand pesos (Php 5,000) shall be imposed on
the first offense, Provided, that a fine of not less than five thousand pesos
(Php 5,000) but not more than ten thousand pesos (Php 10,000) shall be
imposed on the second offense, and Provided, finally that a Fine of not less
than ten thousand pesos (Php 10,000) but not more than twenty thousand
pesos (Php 20,000) or imprisonment of not more than one (1) year, or both,
at the discretion of the court.

b. An additional fine of one percent (1%) of the economic value or cost of the
violative product or one thousand pesos (P1,000), whichever is higher, shall be
imposed for each day of the continuing violation.

c. A fine of not less than one thousand pesos (Php 1.000) nor more than one hundred
fifty thousand pesos (P150,000.00), plus the additional fine of not more than one
thousand pesos (Php 1,000) for each day of continuing violation shall be imposed
against any trader, retailer and/or their agent, found to have committed the
prohibited act under Section 11 of this Act.

d. The penalties imposed in this Section shall be without prejudice to other remedies
or penalties and sanctions that are available or may be imposed by law.


No person shall be subject to the penalties under this Section for having sold,
offered for sale, or transferred prepackaged food products that are not compliant
with the provisions of Sections 6, 7, or 9 of this Act. 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 guaranty
from the person or food business operator from whom the prepackaged food were
obtained, that said prepackaged food are not covered by the requirements under
Sections 6 and 7 of this Act.

SECTION 30. Other corrective actions. In addition to the fines and penalties in
Section 29, the following corrective actions, if not initiated by the offenders themselves. shall
be imposed by the appropriate authorities to the offenders:

Seizure and condemnation, destruction, recall, and/or appropriate disposition of
prepackaged food products that are considered misbranded under Section 10 of this
Act, or items that constitute prohibited marketing under Sections 9 (d), 13 or 14 of
this Act;

‘The issuance of a Cease and Desist Order (CDO) which shalll specify that the trader
or retailer and/or their agents shall cease and desist from concealment or
obstruction of view of warning labels under Section 11 of this Act and that they
shall be required to submit a report of compliance therewith within a reasonable
time;

A submission of a voluntary assurance of discontinuance of concealment or
obstruction of warning labels under Section 11 of this Act;

Issuance of take-down orders against prohibited advertising, promotion, and
sponsorship content under Sections 13 or 14 of this Act;

Suspension, revocation, or cancellation of applicable licenses, registrations. and
permits to operate for business establishments and operators or drivers of public
utility vehicles; including the submission of a recommendation to the LGU
‘concemed, through proper channels, for the cancellation or suspension of licenses,
registrations, and permits;

‘The withholding of any permit, license, authority, or registration pending from the
appropriate agency or entity;

Disapproval of an application for the issuance or renewal of a Certificate of Product
Registration (CPR) by the FDA, including suspension, revocation, or cancellation
of an existing CPR, for prepackaged food products that are considered misbranded
under Section 9 of this Act;

Closure of the establishment by LGUs having jurisdiction over premises where a
violation of this Act has been committed; and

‘Censure.

SECTION 31. Liability of juridical and other persons.


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a. Should a violation of this Act be committed by a juridical person, the Chair of the
Board, the President, the General Manager, or the partners and/or the persons
directly responsible therefor shall be penalized.

b. Ifthe offender is an alien, they shall be deported after service of sentence and/or
payment of fine without further deportation proceedings and shall be permanently
barred from re-entering the Philippines.

¢. Incase a violation is committed by, or in the interest of, a foreign juridical person
duly licensed to engage in business in the Philippines, such license to engage in
business in the Philippines shall be immediately revoked.

SECTION 32. Liability of government officials and employees. Public officials and
employees who violate Section 25 or 26 of this Act, or who deliberately or knowingly fail to
fulfill their responsibilities under this Act, shall be subject to administrative disciplinary action
pursuant to relevant laws, rules, and regulations.

ARTICLE VI. FINAL PROVISIONS:

SECTION 33. Healthy Food Environment Trust Fund. A Healthy Food
Environment Trust Fund is hereby created. All fines collected pursuant to the enforcement of
this Act shall be used exclusively for its implementation and to fund other measures to promote
a healthy food environment. The DOH shall be responsible for the management and control of
the Trust Fund.

SECTION 34. Compliance monitoring, Not later than three (3) years after the date
of the effectivity of this Act, and annually thereafter, the DOH shall submit to the President of
the Philippines and to both Houses of Congress a monitoring report on the compliance of the
food and beverage industry with this Act and all related laws, rules, regulations. and
ordinances. All reports required under this Act shall be made available to the public primarily
via the DOH website and other means to readily access such information.

All members of the NTF are required to submit an annual report of their accomplishments to
the DOH. The DOH is hereby authorized to report to Congress any instance of delay or non-
compliance by the national agencies and LGUs herein of the timelines in implementing this
Act. The DOH is also authorized to demand accountability from such agencies or LGUs for
failure to fulfill its duties under this Act, without prejudice to other remedies or penalties and
sanctions that are available or may be imposed by law for such delay or non-compliance.

SECTION 35. Impact assessment. The DOH shall conduct an impact assessment
every three (3) years to evaluate the effectiveness of the enforcement of this Act, health,
behavioral, and social outcomes, and other matters relevant to implementation of this Act. The
DOH shall include in its budget the conduct of the assessment.


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SECTION 36. Implementing rules and regulations (IRR). The DOH, in
consultation with the members of the NTF in Section 19, shall promulgate such rules and
regulations necessary for the effective implementation of this Act within six (6) months from
the date of publication of this Act. The IRR shall cover, among others, the phases of
implementation, provided that, non-issuance of the IRR shall not prevent the implementing
agencies from enforcing this Act upon its effectivity.

SECTION 37. Transitory provision. Existing industries. businesses, manufacturers,
distributors, and other stakeholders affected by the implementation of this Act shall be given
six (6) months from the effectivity of this Act to comply with its requirements.

SECTION 38. Appropriations. The amount necessary to implement the provisions of
this Act shall be charged against the current year’s appropriations of the concerned national
government agencies, Thereafter, such funds as may be necessary for the continued
implementation of this Act shall be included in the budgets of the concemed national
government agencies under the annual General Appropriations Act.

SECTION 39. Repealing clause. All laws, decrees, ordinances, administrative orders,
rules and regulations, or any part thereof, which are inconsistent with this Act are repealed or
amended accordingly.

SECTION 40. Separability clause. Should any provision of this Act be subsequently
declared unconstitutional, the other provisions not so declared shall remain in full force and

effect.

SECTION 41, Effectivity. This Act shall take effect fifteen (15) days after its
publication in the Official Gazette and at least two (2) newspapers of national circulation.

Approved,