Tobacco group raps DOH on graphic health warning

MANILA, Philippines – The Philippine Tobacco Institute (PTI) has criticized the Department of Health for misleading the public about an administrative order that requires local cigarette makers to print graphic health warnings on every pack of cigarettes.

PTI president Rodolfo Salanga said the DOH appears to be ignorant of the legal loopholes of the AO. “This is deplorable considering that the order will impact millions of people in the tobacco industry and allied industries.”

Salanga said. “Republic Act 9211, otherwise known as the Tobacco Regulation Act of 2003 (TRA), states that ‘no other printed warnings, except the health warning and the message required [under Section 13 of the TRA] shall be placed on cigarette packages’.” 

“Yet, DOH officials go around town, claiming that the country should abide by the rules of the Framework Convention on Tobacco Control (FCTC), which the Philippines is a signatory” Salanga said.

But what they fail to mention is that the FCTC is not self executing, he said.

“It must be underscored that under Philippine laws, a treaty such as the FCTC, becomes binding domestic law only after Congress enacts statutes implementing it or the treaty itself conveys an intention that it be ‘self-executing’ and is ratified on that basis. 

“Clearly, such is not the case here,” Salanga says. “The language of Article 11 of the FCTC itself says that the treaty must be enforced ’in accordance with national law’.”

In other words, there is a need for Congress to enact implementing legislation before the provisions of the FCTC, including Article 11 as cited by the DOH, can be imposed upon the concerned parties. That Congress has failed to do so does not justify the DOH’s irregular attempt to usurp legislative powers, in violation of existing national laws.    

Salanga said the DOH should recall the administrative order immediately because of legal defects.