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Republic of the Philippines tame OB aon
HOUSE OF REPRESENTATIVES i. =
‘Quezon City, Metro Manila

FIFTEENTH CONGRESS
Second Regular Session

HOUSEBILLNO.__ 9344

Introduced by ATTY.  MAGTANGGOL T. GUNIGUNDOT

EXPLANATORY NOTE

‘The main thrust of this bill is to regulate the sale, marketing and promotions of
soda or sweetened drinks in containers over 16 ounces to fight obesity and diabetes.

‘The Philippines as a decent society - which already bans smoking in public parks
in the name of public health and now tries to bar artificial transfats from food served in
restaurants, should now stop sales of large sodas and other sugary drinks, in a bid to
battle obesity. The government is within its right to restrict behavior to protect health
based on the constitutional fiat, particularly Section 15, Article I1 of the 1987
Constitution which provides that “the State shall protect and promote the right to
health of the people and instill consciousness among them”,

The relationship between soft drink consumption and body weight is so strong
that researchers calculate that for each additional soda consumed, the risk of obesity
increases 1.6 times.

A study conducted by the Department of Science and Technology (DoST) shows
that obesity is now on the rise among Filipino adults ages 2 and up, and threatens to
increase the number of people having degenerative diseases like heart disease,
hypertension and diabetes mellitus. The increase was discovered in 2008 when it
registered a trend in the study conducted by the DoST’s Food and Nutrition Research
Institute, Based on the study, there were about 20 ottt of 100 adults of both sexes who
were overweight 1998. The figure then increased to 24 and 27 out of 100 in 2003 and
2008, respectively. In the 2008 survey, 2.7% Filipino adults aged 20 years and over are
suffering from impaired fasting glucose, while hyperglycemia or high fasting blood sugar
(FBS) level is 4.8%. The prevalence of hypertension among adults is 25%, increasing
with age starting from age 40-49 years. Overweight, when left unattended, may result
in many chronic degenerative diseases like heart diseases, hypertension, and diabetes
mellitus.

A bottle of regular 8-ounce soda is loaded with five heaping tablespoons of sugar
and authorities are now saying that a can of soda contains about 10 teaspoons of sugar.
Any health provider would simply recommend that adults consume less than six
teaspoons of sugar a day while kids, only three teaspoons. Health authorities have
warned that excessive intake of soda—-which some say is habituating ~can send one’s
blood sugar shooting up. Habitual soda guzzling can increase risks of type 2 diabetes,
heart disease and even cancer, Harvard researchers report that people who drink at
least 12 ounces of soda daily are 50% more likely to develop a condition that can lead to
coronary artery disease, stroke and diabetes. It is also said that just one can of soda a


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The government should now step in with regulations to guide consumers away from
potentially harmful food avd drinks to stop the onslaught of obesity and diabetes in the
country.

In this regard, retail outlets, dispensers and other mode of selling these soda
produets should not be allowed to dispense or serve soda in containers over 16 ounces.
Trade regulations must be imposed, marketing and promotions must be stricter in its
implementation. In the same way that some sectors want warnings on the packaging of
cigarettes and other tobacco products, it is high time that similar warnings and
appropriate state regulations for soda is in the offing.

Immediate approval of this bill is earnestly sought.

mE



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

FIFTEENTH CONGRESS
‘Second Regular Session

HOUSEBILLNO. Ged

Introduced by ATTY. MAGTANGGOL T. GUNIGUNDOI T

AN ACT
REGULATING THE SALE, MARKETING AND PROMOTIONS OF SODA
PRODUCTS AND OTHER SWEETENED DRINKS WHICH ARE ABOVE 16
OUNCES PER BOTTLE/CONTAINER, AND FOR OTHER PURPOSES

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

Section 1. Short Title. — This Act shall be known as “Soda Regulation Act of
2012”,

Section 2. Declaration of State Policies. — It is the policy of the State to protect
the populace from hazardous products and promote the right to health and instill bealth
consciousness among them.

Section 3. Purposes - It is the main thrusts of this Act to:
a. Promote a healthful environment;

b. Toform the public of the health risks associated with excessive soda drinking
like the onslaught of obesity and diabetes;

c. Regulate soda advertisements and sponsorships;
d. Regulate the labeling of soda products.

Section 4. Prohibition on Sale of Soda, Softdrinks or Sweetened Drinks 16
ounces or above per bottle/container. ~ Sale of soda, softdrinks or sweetened
drinks that are more than 16 ounces per bottle or container is absolutely prohibited.

Section 5. Prohibition on Advertisements and Sales Promotions for Soda,
Softdrinks or Sweetened Drinks 16 ounces or above per bottle/container. —
No advertisements, techniques or schemes intended for broad consumer participation
that contains promises of gain such as prizes ip cash or in kind as reward for the
purchase of a soda, softdrink or sweetend drink which is more than 16 ounces per bottle
or container in a contest, gametournament and other similar competitions which
involve determination of winners and which utilize mass media or other forms of
communication, including the internet, to disseminate information of the same shail be
allowed.

Section 6. Prohibition on Giving of Samples and Donations of Soda

Den tinte manna them 41h nemane Riat#le nm nomtednan — Thora shall ha wn


Section 7. Mandatory Posting of Factual Contents and Nutritional Claims
in the Container/Label. — Al} manufacturers of soda products, softdirnks, or
sweetened drinks shall post the factual health contents and nutritional claims, especially
its sugar content, in the label of the product's container or bottle. Each container shall
have a clear, conspicuous and easily readable and undesratndable message in Filipino
printed on it, or on a label with the following word as its heading, “IMPORTANT
NOTICE”, or their equivalent.

Section 8. Mandatory Labeling on the Container of Soda Products. —In
addition to the health warnings on the factual health content signage in all containers or
bottles of soda products or sweetened drinks that are provided to cousumers shall
contain, on one side panel the following statement in a clear, legible and conspicuous
manner: "DRINKING SODA CAUSES OBESITY AND DIABETES." The
statement shall occupy an area of not less than ten pervent (10%) of such side panel and
shall appear in contrast by color, typography or layout with all the other printed
material on the side panel.

Section 9. Penalty. — Any person who violate the provisions of this Act or the rules
and regulations issued pursuant to this Act shall be punished, upon conviction. by a
penalty of 1 year to 6 years imprisonment, or a fine of not less than 10,000 pesos
or nor more than 100,000 pesos, or both. Should the offense be committed by a
juridical person, the Chairman of the Board of Directors, the president, general
manager, or the partners or persons directly responsible thereof, retailers and peddlers
shall be penalized. Any license, permit or authority issued by any government agency to
any violator shall be automatically revoked.

Section 10. Implementing Rules and Regulations.- The Department of Health,
in consultation with the Department of Trade and Industry and the Department of
Science and Technology, shall issue the necessary rules and regulations for this Act
within sixty (60) days from its effectivity.

Section 11. Repealing Clause. - The provisions of this Act are hereby deemed
separable. If any provision thereof be declared invalid or unconstitutional, such
invalidity or unconstitionality shall not affect the other provisions which shall remain in
full force and effect.

Section 12. Repealing Clause. - All laws, decrees, executive orders, rules and
regulations, or parts thereof, inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

Section 13. Kffectivity. — This Act shall take effect fifteen (25) days following its

publication in the Official Gazette or in at least two (2) newspapers of general
circulation.

Approved,