Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro ManilaSixteenth Congress
First Regular SectionBegun and held in Metro Manila, on Monday, the twenty-second day of July, two thousand thirteen.
REPUBLIC ACT NO. 10643
AN ACT TO EFFECTIVELY INSTILL HEALTH CONSIOUSNESS THROUGH GRAPHIC HEALTH WARNINGS ON TOBACCO PRODUCTS
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title. – This Act shall be known as "The Graphic Health Warnings Law".
Section 2. Declaration of Principles. – The State shall protect and promote the right to health of the people and instill health consciousness among them.
The State shall protect consumers from trade malpractices and from substandard tobacco products.
The State accepts that, as a State-Party to the World Health Organization’s Framework Convention on Tobacco Control (FCTC), a treaty that reaffirms the right of all peopleto the highest standards of health, the Philippines is obliged to inform every person of the health consequences of tobacco consumption and exposure to tobacco smoke; to enact effective...
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Republic Acts
Graphic Health Warnings Law
Republic Act No. 10643
Summary of the Graphic Health Warnings Law
Declaration of Principles (Section 2):
- Protect and promote the right to health and instill health consciousness.
- Protect consumers from trade malpractices and substandard tobacco products.
- Comply with the WHO Framework Convention on Tobacco Control.
- Inform people about health consequences of tobacco consumption and exposure.
- Enact measures to curb and reduce tobacco use, especially among youth.
- Protect public health policy from commercial interests of tobacco industry.
Purposes (Section 3):
- Require graphic health warnings that warn about devastating effects of tobacco use and second-hand smoke.
- Remove misleading descriptors like "low tar", "light", "ultra lights", or "mild".
- Promote the right to health and information.
Definitions (Section 4):
- Defines "insert", "onsert", "graphic health warnings", "principal display surface", "tobacco product package", and "tobacco products".
Coverage (Section 5):
- Applies only to tobacco products manufactured or imported for the Philippine market.
- Cigarettes intended for export are subject to different requirements.
Graphic Health Warnings (Section 6):
- One year after DOH issues templates, tobacco packages must bear prescribed graphic health warnings.
- Warnings consist of a photographic picture and accompanying textual warning.
- Warnings must cover 50% of the front and back panels.
- Specifies requirements for printing, rotation, text size, and language.
Side Panel Information (Section 7):
- One side panel must display additional health warnings, hotlines, websites, or tips to stop smoking.
- This information must not occupy more than 30% of the side panel.
Prohibition on Descriptors (Section 8):
- One year after DOH issues templates, no tobacco packages can bear descriptors like "low tar", "light", "ultra-light", or "mild".
Prohibition on Sales and Display (Sections 10 and 11):
- Prohibits selling, distributing, or displaying non-compliant tobacco products.
- Non-compliant packages found in the market are subject to removal or confiscation.
- Prohibits obscuring or covering the graphic health warnings in selling areas.
Liability and Penalties (Sections 12, 13, and 14):
- Manufacturers, importers, distributors, retailers, and sellers are liable for violations.
- Penalties include fines ranging from P500,000 to P2,000,000 and potential imprisonment up to 5 years.
- Penalties consider factors like gross sales, capital investment, and employee size.
- Foreign nationals may be deported after serving sentence or paying fines.
Implementation and Oversight (Sections 15, 16, and 17):
- DOH to issue a maximum of 12 rotating graphic health warning templates every 2 years.
- Implementing agencies include DOH, BIR, IAC-T, DTI, DepED, DOJ, DOF, DENR, DOST, NTA, and DA.
- A Congressional Oversight Committee is created to monitor implementation.
Compliance and Effectivity (Sections 18, 20, 21, and 22):
- No extensions of time to comply will be granted.
- Repeals conflicting provisions in other laws.
- Complies with existing international conventions.
- Took effect 15 days after publication in the Official Gazette or a major newspaper.
Declaration of Principles (Section 2):
- Protect and promote the right to health and instill health consciousness.
- Protect consumers from trade malpractices and substandard tobacco products.
- Comply with the WHO Framework Convention on Tobacco Control.
- Inform people about health consequences of tobacco consumption and exposure.
- Enact measures to curb and reduce tobacco use, especially among youth.
- Protect public health policy from commercial interests of tobacco industry.
Purposes (Section 3):
- Require graphic health warnings that warn about devastating effects of tobacco use and second-hand smoke.
- Remove misleading descriptors like "low tar", "light", "ultra lights", or "mild".
- Promote the right to health and information.
Definitions (Section 4):
- Defines "insert", "onsert", "graphic health warnings", "principal display surface", "tobacco product package", and "tobacco products".
Coverage (Section 5):
- Applies only to tobacco products manufactured or imported for the Philippine market.
- Cigarettes intended for export are subject to different requirements.
Graphic Health Warnings (Section 6):
- One year after DOH issues templates, tobacco packages must bear prescribed graphic health warnings.
- Warnings consist of a photographic picture and accompanying textual warning.
- Warnings must cover 50% of the front and back panels.
- Specifies requirements for printing, rotation, text size, and language.
Side Panel Information (Section 7):
- One side panel must display additional health warnings, hotlines, websites, or tips to stop smoking.
- This information must not occupy more than 30% of the side panel.
Prohibition on Descriptors (Section 8):
- One year after DOH issues templates, no tobacco packages can bear descriptors like "low tar", "light", "ultra-light", or "mild".
Prohibition on Sales and Display (Sections 10 and 11):
- Prohibits selling, distributing, or displaying non-compliant tobacco products.
- Non-compliant packages found in the market are subject to removal or confiscation.
- Prohibits obscuring or covering the graphic health warnings in selling areas.
Liability and Penalties (Sections 12, 13, and 14):
- Manufacturers, importers, distributors, retailers, and sellers are liable for violations.
- Penalties include fines ranging from P500,000 to P2,000,000 and potential imprisonment up to 5 years.
- Penalties consider factors like gross sales, capital investment, and employee size.
- Foreign nationals may be deported after serving sentence or paying fines.
Implementation and Oversight (Sections 15, 16, and 17):
- DOH to issue a maximum of 12 rotating graphic health warning templates every 2 years.
- Implementing agencies include DOH, BIR, IAC-T, DTI, DepED, DOJ, DOF, DENR, DOST, NTA, and DA.
- A Congressional Oversight Committee is created to monitor implementation.
Compliance and Effectivity (Sections 18, 20, 21, and 22):
- No extensions of time to comply will be granted.
- Repeals conflicting provisions in other laws.
- Complies with existing international conventions.
- Took effect 15 days after publication in the Official Gazette or a major newspaper.