REPUBLIC ACT NO.

9211  Prohibited except at point-of-sale establishments

AN ACT REGULATING THE PACKAGING, USE, SALE
DISTRIBUTION AND ADVERTISEMENTS OF TOBACCO  RETAILER COMPLIANCE WITH RESPECT TO SELF-
PRODUCTS AND FOR OTHER PURPOSES SERVICE FACILITIES

TITLE: “ Tobacco regulation act of 2003”  MINIMUM AGE SALES

 it is unlawful to sell or distribute to minors, purchase
 PURPOSE: from a minor, for a minor to sell or distribute and for
 Promote healthful environment a minor to smoke cigarettes or any tobacco smoke.
 Inform on health risks
 Regulation of all tobacco advertisements and  SALE OF TOBACCO PRODUCTS WITHIN SCHOOL
sponsorships PERIMETERS
 Regulation of labelling  within 100 m
 Prohibition of sale to minors
 Cultivation of alternative crops  SIGNAGE BY POINT-OF-SALE ESTABLISHMENTS
 Creation of inter-agency committee on tobacco  “SALE OR DISTRIBUTION TO OR PURCHASE BY
MINORS OF TOBACCO PRODUCTS IS UNLAWFUL” or
 DEFINITION OF TERMS “IT IS LAWFUL FOR TOBACCO PRODUCTS TO BE
 Advertisement, advertising, advertiser SOLD/DISTRIBUTED TO OR PURCHASED BY PERSONS
 Cigarette UNDER 18 YEARS OF AGE”
 Distributor  PROOF OF AGE VERIFICATION
 Mass media
 Minor ADVERTISING AND PROMOTIONS
 Manufacturer  WARNING ON CIGARETTE PACKAGES
 Package  “GOVERNMENT WARNING: Cigarettes are addictive”,
 Persons “GOVERNMENT WARNING: Tobacco can harm your children”
 Point-of-sale or GOVERNMENT WARNING: Smoking kills”
 Promotions  Rotated periodically
 Public conveyance  Should not be obscured or obliterated
 Public places  “NO SALE TO MINORS”, “NOT FOR SALE TO MINORS”
 Retailer  No other printed warnings
 Smoking
 Sponsorship  WARNING ON ADVERTISING
 Tobacco  “GOVERNMENT WARNING: Cigarette smoking is
 Tobacco products dangerous to your health”
 Tobacco grower  For print and outdoor advertisements, warning is
 Warning centered at the bottom and occupy not less than
15%
HEALTHFUL ENVIRONMENT  For television and cinema advertisements, warning is
 PLACES WHERE SMOKING IS ABSOLUTELY shown and voiced over in the last 5 seconds and the
PROHIBITED: health warning occupy not less than 50% of
 centers for youth activity, elevator and stairwells, television screen
location with fire hazards, within buildings and  RESTRICTIONS ON ADVERTISING
premises of public and private institutions, public  not for minors
conveyance and public utilities, food preparation  not feature a celebrity
areas.  not contain cartoon characters or subjects that
depict humans or animals
 DESIGNATED SMOKING AND NON-SMOKING AREAS  not show, portay or depict actual use of such
 Separate smoking area- proper ventilation in open products
spaces, different room from non-smokers.  RESTRICTIONS ON PRINT MEDIA ADVERTISING
 “SMOKING AREA” + warning on health effects of  not be placed on printed publication unless with
direct or second hand exposure, “NO SMOKING”, reasonable basis- 75% are 18 yrs and above, 10% less
“NO SMOKING AREA” than 18 yrs
 not to be placed on a magazine, newspaper, journal
ACCESS RESTRICTIONS or other publications
 VENDING MACHINE AND SELF-SERVICE FACILITIES  RESTRICTIONS ON OUTDOOR ADVERTISING
 Not be placed on billboards, wall murals, transport  Any agreement between manufacturers and
stops or station any sports league or any team involved in
 Not exceed 70 square meters in total size such league in which
 Not placed on taxis, buses, or trains or other public payment/considerations are made in
conveyance or in stations, terminals or platforms exchange for use of tobacco product brand is
except point-of-sale establishments not allowed.
 RESTRICTIONS ON ADVERTISING IN CINEMAS
 Stadiums or Arena wherein a tobacco
 RESTRICTIONS ON TELEVISION
product brand name is used as its name is
 Between 7 am and 7 pm
 RESTRICTION ON ADVERTISING IN AUDIO prohibited.
 RESTRICTIONS ON ADVERTISING IN AUDIO, VIDEO
AND COMPUTER CASSETTES/DISCS AND SIMILAR
MEDIUM  RESTRICTIONS ON SPONSORSHIP (beginning on July
 RESTRICTIONS ON ADVERTISING ON THE INTERNET 1, 2006)
AND SIMILAR MEDIUM  No sponsorship shall be provided if
 BAN ON ADVERTISEMENTS participants in any sponsored events/activity
which bears tobacco product name is under
eighteen years old.
 RESTRICTIONS ON TOBACCO PROMOTIONS
 Sponsorship is allowed when participants is
 Participants in promotion must be at least 18
within the age requirement. It is also
years old and is required to provide proof of
reasonable if the sponsored event does not
age.
require above-average physical fitness and
 The required health warning and the age of
will not receive any exposure other than
requirement for participation must be clearly
news item. 75% of the attendees must also
marked on the program material distributed
comprise of the required age group.
to consumers.
 Only persons at least 18 years old are
 Must be limited only to point-of-sale of adult
authorized to bear tobacco advertisement,
only facilities.
logos and brand names at sponsored events.
 A recorded health warning message in
 Compliance with the marketing provisions is
English or Filipino must be included in all
needed in all forms of advertisement.
telephone communications, programs and
events.
 Must not be used as a prop/advertisement in
 BAN ON SPONSORSHIPS (beginning July 1, 2008)
any TV program, Motion Picture, Video or
 All types of sponsorships which involves
Video game machines.
advertisements and promotion of tobacco
 If the name, logo or other indicia of cigarette
product and other related items is
brand that appears in smoking related items
prohibited.
such as lighters and ashtrays is larger than
 Tobacco brand name cannot be used as a
fifty square meters, you must provide the
company name.
required health warning.
 Merchandise ( clothes, caps, glasses, bags
 RESTRICTION ON SAMPLING
etc.)containing the name, logo or other
 Distribution of tobacco products below 18
indicia of cigarette brand is not allowed to
years old is prohibited.
be distributed, sold or referred directly or
indirectly.
 Items used and marketed to minors must
not contain tobacco promotions.  LEGAL ACTION
 No tobacco advertisements must be placed  Governed by the provisions of the Philippine
on shopping bags. Civil Code and other applicable laws.

 NAMING RIGHTS  IMPLEMENTING AGENCY

  Inter-Agency Committee-Tobacco (IAC-
Tobacco) – Exclusive power and function to
administer and implement this act.
 CHAIRPESON: Secretary of the Department
of Trade and Industry (DTI)
 VICE CHAIRPERSON: Secretary of the
Department of Health (DOH)
 MEMBERS: Secretary of the:
 Department of Agriculture (DA)
 Department of Justice (DOJ)
 Department of Environment and
Natural Resources (DENR)
 Department of Science and
Technology (DOST)
 Department of Education ( DepEd)
Administrator of the National
Tobacco Administration
Representative of:
 Tobacco Industry
 Non-government organization
involved in public health promotion
 Undersecretaries may be designated as
authorized representatives of the
department secretaries.
 APPLICATION TO TOBACCO PRODUCTS
 It is only applied to products sold in the
Philippines. No provision of act is applied
to tobacco products that are exported but
the shipping container must have an
“Export only” mark. Confiscation and
destruction of tobacco products is done on
items which are marked for export but is
usually sold and distributed in the
Philippines.
 COMPLIANCE MONITORING
 A compliance monitoring must be
submitted not later than 1 year after the
date of effectivity of the act and annually
thereafter to the President of the
Philippines and House of Congress. It must
contain information on the methods, goals
and implementation program with respect
to the requirements.
 PENALTIES
 Violation of Sections 5 and 6
1) 1st offense: Fine of 500.00 –
1,000.00
2) 2nd offense: Fine of 1,000.00 –
5,000.00
3) 3rd offense: Fine of 5,000.00 –
10,000.00 and
cancellation/revocation of
bus.perrmits and license to
operate
 Violation of Sections 7,8,9,10 and 11
1) 1st offense: Fine of NLT 5,000.00
and imprisonment of NMT 30
days.
 Violation of Sections 13-27
2) 1st offense: Fine of 100,000.00
and/or imprisonment of NMT 1
year
3) 2nd offense: Fine of 200,000.00
and/or imprisonment of NMT 2
years
4) 3rd offense: fine of 400,000.00
and/or imprisonment of NMT 3
years and cancellation/revocation
of bus.permits and license to
operate
 The owner/manager/most senior officer is liable if
the violation is by establishment or business entity.
 If a minor is liable, the provisions of the child and
youth and welfare code is applied.
 If an alien is liable, he/she is deported after serving
the sentence and is forever banned from entering
the Philippines.
 PROGRAMS AND PROJECTS
 Tobacco Grower’s Assistance Program
 National Smoking Cessation Program
 Research and Development Program
 National Tobacco-Free Public Education
Program
 Displaced Cigarette Factory Worker’s
assistance Program
 Health Programs
 Withdrawal Clinics
 INFORMATIVE DRIVE
 Continuous information program on the
harmful effects of smoking must be
undertaken.
 INSTRUCTIONS ON THE HAZARDOUS EFFECT OF
SMOKING AS PART OF SCHOOL CURRICULA
 Includes health, environmental and
economic implications of the ADE’s of
smoking in the existing curricula of all public
and private elementary and high school.
 Publication and distribution of materials on
the unhealthy effects of smoking.