FDA has power to regulate health aspect of tobacco products —SC

The Supreme Court has reiterated that the Food and Drug Administration has regulatory authority over the health aspects of tobacco products.

In a decision promulgated in July, the SC En Banc affirmed its 2021 decision and denied the motion for reconsideration filed by the Philippine Tobacco Institute (PTI) and Albay Rep. Edcel Lagman.

According to the court, the PTI challenged a provision in the implementing rules of the Food and Drug Administration Act (FDA Act).

The FDA Act gives the FDA regulatory authority over all health products. It also states that the Department of Health is responsible for regulating tobacco products through the FDA.

However, the PTI argued that the Inter-Agency Committee (IAC-Tobacco) has exclusive jurisdiction over tobacco products, including its health aspect.

A regional trial court then ruled in PTI’s favor, however the SC reversed this decision in 2021. 

The SC said the industry fell under the FDA's authority given the country’s commitments to the World Health Organization’s (WHO) Framework Convention on Tobacco Control (FCTC).

This prompted the PTI to challenge the ruling. Lagman also filed a motion for reconsideration as respondent intervenor.

In its present ruling, the High Court said that IAC-Tobacco does not have exclusive jurisdiction over tobacco products and the tobacco industry.

 The SC ruled that all products affecting health, including tobacco products, are covered by the FDA’s mandate.

It reiterated that this is also in accordance with the WHO-FCTC.

The DOH welcomed the decision.

“We see this Decision by the Supreme Court as a triumph of justice in favor of health for our people. We thank the wise Justices of the Supreme Court for this landmark decision,” it said in a message to reporters.—AOL, GMA Integrated News