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MANILA — Public health advocacy groups on Thursday, August 1, 2024, applauded the Supreme Court (SC) for defending public health in affirming its previous ruling recognizing the regulatory power of the Food and Drug Administration’s (FDA) over health aspects of tobacco products.
HealthJustice and Parents Against Vape (PAV) pointed out the decision also fortifies the country’s commitment under the World Health Organization Framework Convention on Tobacco Control (WHO-FCTC).
“The Supreme Court decision is a landmark triumph in our battle to reduce tobacco consumption and its deadly consequences to Filipinos, especially the youth. Tobacco consumption caused more than 110,000 deaths every year in the country. Aside from this staggering and irreplaceable loss of human lives, the country suffers more than Php215 billion in economic losses every year. The decision removes any doubt and obstacle for the Department of Health (DOH) and the FDA to continue their mandate of protecting the health of our people and stopping the destruction caused by the tobacco industry,” said former Health Secretary Dr. Jaime Galvez Tan, also a Board Member of HealthJustice.
It was learned that the case stemmed from the efforts of the DOH and FDA to regulate the health aspects of tobacco products in view of the grave and serious consequences to the health of Filipinos. However, the tobacco industry, through the Philippine Tobacco Institute (PTI), Inc., challenged before the Regional Trial Court (RTC) of Las Piñas the issuance of the DOH and FDA.
The regional trial court, through Acting Presiding Judge Romulo Villanue, ruled in favor of PTI and declared the issuance of the DOH and FDA void.
PAV calls to amend Vape Law
Meanwhile, the Parents Against Vape (PAV) sees this ruling as an opportunity to return the regulatory power over vape and electronic cigarette products to FDA.
“This is another reason for our legislators to amend the Vape Law. The Parents Against Vape has been consistently calling on our lawmakers to amend the law and return the regulatory power to FDA. The Supreme Court has already affirmed the regulatory authority of the FDA over the health aspects of tobacco products. It’s about time that our legislators do their part to correct the Vape Law,” Rebie Relator, president of PAV, said.
Last 13 July 2021, the Supreme Court voting 10-3 reversed the RTC decision and upheld the FDA’s regulatory authority over the health aspects of tobacco products under Republic Act No. 9711, or the Food and Drug Administration Act (FDA Act). The Supreme Court junked the motions filed by PTI who argued that the Inter-Agency Committee Tobacco has sole powers over tobacco products, and its health aspects. Senior Associate Justice Marvic M.V.F. Leonen penned both decisions.
HealthJustice supports the position of the DOH and the FDA that it has regulatory powers over the health aspects of tobacco products. The organization maintains that with the Supreme Court decision, there is no legal obstacle for the said agencies to exercise its jurisdiction to other tobacco products such as vapes, heated tobacco products, and novel tobacco products.
“The Supreme Court ruling is a vindication of the DOH and FDA’s efforts to regulate the health aspects of tobacco products. This regulatory win is significant and timely given that our country is facing another health crisis brought by the tobacco industry through its aggressive push of vapes and heated tobacco products. The DOH and FDA should crackdown on these harmful products before it is too late for our youth,” said Atty. Alexander Padilla, former Health Undersecretary.
Advocates against the harm caused by tobacco explained that Republic Act No. 11900, or the Vape Regulation Law, lapsed into law in July 2022 and adopted watered-down provisions that instead harm the health of future generations, with the age of access to vapes lowered from 21 to 18 years old, restrictions eased on flavors, and regulatory powers vested on the Department of Trade and Industry (DTI) rather than the FDA. (/)