FDA power over tobacco affirmed
THE PHILIPPINE Supreme Court (SC) upheld its 2021 decision ruling the Food and Drug Administration (FDA) has the power to regulate the health aspect of tobacco products.
The full court, through a decision of Senior Associate Justice Marvic MVF Leonen, cited the FDA Act (Republic Act No. 9711) which says the FDA has regulatory authority over all products.
The ruling, promulgated on July 23, decided on a motion for reconsideration filed by the Philippine Tobacco Institute, Inc. (PTI) and Albay Rep. Edcel C. Lagman.
The tribunal said the state’s tobacco inter-agency committee does not have exclusive jurisdiction over tobacco products and the tobacco industry.
“All products affecting health, including tobacco products, are covered by the FDA’s mandate to ensure the safety, efficacy, purity and quality of health products,” the high court said in a statement on Tuesday.
It added that the inclusion of tobacco products in the rules implementing the FDA Act is within the country’s commitments under the World Health Organization Framework Convention on Tobacco Control.
Under the rules, the Department of Health through the FDA is responsible for regulating tobacco products.
PTI challenged this provision, saying the inter-agency committee has exclusive jurisdiction over tobacco products, including the health aspects.
It won the lawsuits before a regional trial court. But the high court reversed the decision in 2021, prompting PTI and Mr. Lagman to file a motion for reconsideration.
Mr. Lagman, who also filed a motion for reconsideration as an intervenor, did not immediately reply to a Viber message seeking comment.
The tribunal had yet to upload a full copy of the decision on its website. — Chloe Mari A. Hufana