Tobacco companies remain disallowed from promo activities, group says

MANILA, Philippines - Philippine tobacco companies remain disallowed from conducting promotional activities since these are prohibited under the law, a group said, citing the Tobacco Regulation Act of 2003. Non-government group Framework Convention on Tobacco Control Alliance Philippines (FCAP) was prompted to make this announcement after the local unit of Philip Morris asserted that it was allowed to conduct promotional activities as indicated by the country’s Consumer Act, or Republic Act 7394. However, the group said that the contention of Philip Morris Philippines Manufacturing Inc. is “unmeritorious." Philip Morris claims that its promotional activities have been “deemed approved" after its application submitted to the Bureau of Food and Drugs (BFAD) was not acted upon for 15 days. “Application of the Consumer Act to tobacco products is subject to and circumscribed by the provisions of the Tobacco Regulation Act of 2003 (RA 9211) which does not contain a similar provision on “automatic approval," the FCAP said in a statement, citing its legal counsel, Jamael Jacob. RA 9211 – which completely bans tobacco advertisement, promotion, and sponsorship – is the government’s adherence to the Framework Convention on Tobacco Control (FCTC), which it signed in September 2003 together with 168 countries, the group said. The FCTC affirms the right of all people to the highest standard of health, mandating a comprehensive ban on advertising, promotion, and sponsorship to reduce consumption of tobacco products. Under this principle, the Department of Health through BFAD has mandate to implement policies that promote the health and well-being of the general public. “The BFAD is merely implementing its mandate," Jacob said. “Philip Morris should not question an agency that is doing its job. It should even laud BFAD because it is upholding its mandate." “It must be emphasized that the FCTC – as well as Article 12 of the International Covenant on Economic, Social and Cultural Rights, and the preamble to the constitution of the World Health Organization – declares public health as a fundamental right of every human being, which shall take precedence over any trade or commercial interest," Jacob said. Last January 5, BFAD Director Leticia Gutierrez denied Philip Morris’ application for the issuance of a sales promotion permit for the company’s Gear Up promotional activity. The BFAD also refused to accept Philip Morris’ application for its Golden Stick promotional activity. The denial of the applications was in line with a directive earlier issued by the Office of the Undersecretary of Health for Standards and Regulations. Since July 2008, all promotions, advertisements and sponsorships of tobacco products are prohibited, in accordance with RA 9211. - GMANews.TV