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° RECEIVED ~\
DATE: JAN 18 2G |

Reh of the Philesines
HOUSE OF REPRESENTATIVES:
Queen City

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EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL No. 8396

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
TO ESTABLISH ADVERTISING REQUIREMENTS
FOR ALCOHOLIC BEVERAGES

The Constitution, Article II provides:

“SECTION 13. The State recognizes the vital role of the youth in
nation-building and shall promote and protect their physical, moral,
spiritual, intellectual, and social well-being. It shall inculcate in the youth
patriotism and nationalism, and encourage their involvement in public and
civic affairs.”

Our children are besieged by advertising messages that create the impression that
alcohol can help solve life's problems and lead to popularity. These messages are
distortions that gloss over the all too prevalent and detrimental results of alcohol
consumption — the loss of productivity due to hangovers, the tragic deaths and injuries
caused by drunk driving, and the families torn apart by alcohol use.

This bill seeks to establish advertising requirements for alcohol beverages, in order to
protect the young people of our nation.

LY A

LUIS RA) ID “LRAY’) F, VILLAFUERTE, JR.


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Rewhle of be Piles
HOUSE OF REPRESENTATIVES
Queen City
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EIGHTEENTH CONGRESS

‘Second Regular Session
HOUSE BILL No, _8396

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
TO ESTABLISH ADVERTISING REQUIREMENTS
FOR ALCOHOLIC BEVERAGES

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

SECTION 1. Short Title. - This Act may be cited as the “Children's Protection From
Alcohol Advertising Act.”

SECTION 2. Definition of Terms. — For the purpose of this Act, the term:

(A) “Alcoholic beverage” includes any beverage in liquid form which contains not less
than one-half of one percent of alcohol by volume and is intended for human
consumption; and

(B) “Secretary” means Secretary of Health.

SECTION 3. Declaration of Policy. - It is hereby the policy of the State to recognize the
vital role of the youth in nation-building and shall promote and protect their physical,
moral, spiritual, intellectual, and social well-being.

SECTION 4. - Advertising Requirements. —
(A) Prohibitions. -

(1) General Rule. — Except as provided in paragraph (B), no alcoholic beverage
may be advertised or promoted in any audio tape, audio disc, videotape, video
arcade game, computer game, or in film. No outdoor advertising of alcoholic
beverages maybe located within 100 feet of any school, playground, or other
public facility where individuals under the age of twenty one (21) are reasonably
expected to convene.


(2) Exception. - Paragraph (1) does not apply to any videotape prepared by a
person engaged in the business of manufacturing or selling alcohol beverages
if such videotape is to be viewed only by other persons engaged in such
business.

(B) Print Advertising. — In publications with an under the age of 21 readership of more
than 10 thousand, alcohol advertising shall be restricted to text only advertising in
black and white print.

(C) Broadcast Advertising. - Any advertising of an alcoholic beverage in a television
broadcast shall, during the hours between 7 a.m. and 10 p.m., be limited to only a
picture of the beverage with factual, objective audio information about the beverage.

(D) Sponsorship. -An event may be sponsored by an alcohol manufacturer in the
corporate name only and not in the brand name of the alcoholic beverage.

(E) Promotional Items. -

(1) General Rule. - No person may manufacture or distribute a product which is a
non-beverage product with an identifiable brand of an alcoholic beverage
manufacturer. Such a product shall bear the corporate name of the alcohol
beverage manufacturer.

(2) Exception. — Paragraph (1) does not apply to any product prepared by a person
engaged in the business of manufacturing or selling alcohol beverages if such
product is to be made available only to other persons engaged in such
business.

(F) Implementing Programs. — The Secretary shall promulgate such rules and
regulations necessary for the effective implementation of this Act.

(G) Enforcement. —

(1) Penalty. - Any person who violates the restrictions prescribed by paragraphs
(A), (B), or (C) shall, upon conviction, be subject to a fine of not less than
P50,000.00 or an imprisonment of not less than six months but not more than
five years or both upon the discretion of the court.

Injunction. - Whenever the Secretary or the agency designated by the State,

has reason to believe that any person violated the provisions of this Act or the

regulations prescribed by this Act, the State may bring an injunction or such
preliminary and other equitable or declaratory relief as may be appropriate.

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SECTION 5. Separability Clause. - If any provision, or part hereof, is held invalid or
unconstitutional, the remainder of the law or the provision shall remain valid and
subsisting.

SECTION 6. Repealing Clause. — Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to, or
inconsistent with, the provision of this Act is hereby repealed, modified or amended
accordingly.

SECTION 7. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
Publication in at least two (2) newspapers of general circulation.

Approved,