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DTI reminds tobacco, ad firms on strict compliance with ban

By Ayen Infante

07/04/2008

The Department of Trade and Industry will routinely inspect the compliance of every locality on the prohibition of tobacco advertisements nationwide, Secretary Peter Favila warned tobacco and advertising firms yesterday.

Section 22 of Republic Act (RA) 9211, or the Tobacco Regulation Act of 2003, bans all forms of tobacco advertising in mass media starting July 01, except in the premises of point-of-sale retail establishments.

In January 2007, the law mandated a total ban on tobacco advertising on television, cable TV and radio, and in July of the same year, prohibited all cinema and outdoor advertising of cigarettes including billboards, distribution or posting of leaflets and posters, among others.

He said the manufacture and sale of tobacco products is regulated by the government to protect the public from the possible hazards of its use.

“We are putting restrictions on tobacco advocacy to emphasize the message that smoking is dangerous to health,” he said.

Undersecretary Zenaida Cuison Maglaya, chairwoman of the inter-agency committee on tobacco, added that taking effect simultaneous with the prohibition are sponsorships of cigarette and tobacco companies stated in Section 26 of RA 9211 wherein, “Cigarette and tobacco companies are prohibited from sponsoring any sport, concert, cultural event or art event, as well as individual and team athletes, artists or performers.”

She stressed that such sponsorship is prohibited if it shall require or involve advertisement or promotion of any cigarette or tobacco company, tobacco product or tobacco use, name, logo or trademarks and other word, symbols, designs, colors or other depictions commonly associated with or likely to identify tobacco products.

Maglaya added that these health measures are being applied to protect the right of the public to a safe and healthful environment.

Department of Health records indicate that five of the top 10 causes of deaths in the Philippines are linked to cigarettes, while the World Health Organization declares that tobacco is the world’s leading preventable cause of death in the world with an estimated five million deaths each year. Among the risks of direct and passive smoking are heart attack, stroke, emphysema, bronchitis and lung cancer. Smoking during pregnancy can also lead to birth defects.

RA 9211 also requires packages containing tobacco products to be printed with a health warning on the bottom of the front panel which should occupy at least 30 percent of the panel, including the border or frame.

The health warning should be introduced by “GOVERNMENT WARNING” and followed by any of the statements, “Cigarette Smoking is Dangerous to your Health,” “Cigarettes are Addictive,” “Tobacco Smoke Can Harm Your Children” or “Smoking Kills.”

Violations of Sections 22 and 26 will be meted with corresponding penalty as stated under Section 32 of RA 9211 of a fine of P100,000 to P400,000, or imprisonment of up to three years, depending on the recurrence of the offense, and upon the discretion of the court.