Graphic Health Warnings Law

Case Overview and Summary

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.