U.S. Food and Drug Administration Philippine Supreme Court ruling (FDA) (formerly Food and Drug Administration) has the right to control tobacco products, rejected the Philippine Tobacco Institute (PTI) under the Food and Drug Administration Act, and Edzell Lagman’s Petition for Reconsideration establishes the FDA’s right to control.
Philippine Supreme Court (SC)
According to a July 31 Philstar report, the Philippine Supreme Court (SC) Food and Drug Administration ruling (FDA) has the right to control cigarette products. (The U.S. Food and Drug Administration (FDA) of the Philippines, formerly known as the Bureau of Food and Drugs (BFAD), was renamed the Food and Drug Administration (FDA) of the Philippines on August 18, 2009, after the President of the Philippines signed the First Republic Act 9711 [i.e., the Food and Drug Administration Act of 2009].)
The Supreme Court dismissed the ruling issued by the Philippine Tobacco Institute on July 23 (PTI) Edcel Lagman and Albay Provincial Representative (Edcel Lagman) Petition for Reconsideration filed.
Power to regulate tobacco products
According to the first court, the Supreme Court 9711. The FDA has control over all health products (Food and Drug Administration Act).
The Act also states that the health department is responsible for controlling tobacco products through the FDA.
PTI challenged the FDA’s authority, arguing that the Interagency Committee on Tobacco Products (IAC) has exclusive jurisdiction over cigarette products, including their health aspects.
The Regional Court of First Instance made a favorable move PTI held that cigarette products do not fall under the judgment of FDA regulation of cigarette products.
However, the Supreme Court reversed that decision in 2021, pushing PTI and Lagman to file petitions for review.
In addressing the case, the Supreme Court ruled that the IAC did not have sole jurisdiction over cigarette products.
- “All health-affecting products, including cigarettes, are under the FDA’s authority to ensure the quality, efficacy, and quality of health products.”
Under the World Health Organization Framework Convention on Tobacco Control (WHO FCTC). The Supreme Court said the inclusion of tobacco products in the implementation of the FDA law is also in line with the country’s commitments.
- The Department of Health (DOH) applauded the Supreme Court’s ruling, saying it “promotes and safeguards the health of present and future generations of Filipinos.”
For the tobacco industry, this is a decisive step in trying to avoid control.
