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International community outraged as Big Tobacco violates Philippine law

September 15, 2006

By Ulysses N. Dorotheo, MD, FPAO
[with contributions from the Southeast Asian Tobacco Control Alliance (SEATCA)]

Will the Philippine government and the Filipino people simply sit idly as Philip Morris International (PMI), British American Tobacco (BAT), Japan Tobacco (JT), Fortune Tobacco, La Suerte Cigar & Cigarette Factory, and other local tobacco companies once again succeed in defying national legislation requiring prominent tobacco health warnings?

As of July 1, 2006, all cigarette packs sold in the Philippines are required to carry a prominent health warning occupying 30% of the bottom portion of one front panel of the pack. However Philip Morris, BAT, JT, Fortune Tobacco, and other companies, collectively represented as the Philippine Tobacco Institute, recently pushed for a postponement of the enforcement to November 2006 citing "administrative feasibility", "logistical nightmare", and "costly exercise" among their reasons.

These companies are collectively violating the law despite having had three years, more than ample time, to comply with this provision (Section 13c) of the Tobacco Regulations Act (Republic Act 9211), which went into effect in July 2003. The flimsy excuses offered to Filipinos simply don't hold water. According to a former Corporate Affairs Director for Philip Morris Philippines, it takes only a week for a company to launch a new product into the market, including new pack design and printing.

For the transnational tobacco companies in particular, this is a sheer case of double standards and double talk. Marlboro packs in Thailand, which are manufactured by PMI's state-of- the-art factory in Batangas and exported to Thailand, carry prominent text and graphic (picture) warnings as required by Thai law (see photos below). Philip Morris brands sold in Singapore also carry graphic pack warnings.

In Japan, all JT's cigarette packs sold to Japanese consumers carry health warnings on the front panel of their packs. The Japanese government required cigarette packs to carry prominent warnings on its packs starting November 2003 and JT carried out a phase-in exercise starting with one brand in November 2004, followed by an additional ten brands in January 2005 and all of its packs by June 2005. [http://www.jti.co.jp/JTI_E/Release/04/no24.html]

In a November 2004 press statement released in Japan, JT said: "It is a legislative requirement that tobacco products marketed in Japan be shipped with the new caution statements by the end of June 2005. …any newly launched JT cigarette products, the company will comply with the requirement by the due date." While JT, makers of Winston and Mild Seven cigarettes, was respectful of the law in Japan, and phased-in the changes on its packs, it did not show the same respect for Philippine law.

Tobacco companies typically fight prominent and graphic health warnings around the world. If they are unable to stop a stringent law from being instituted then they put effort into postponement of the implementation of the law, which is clearly being demonstrated in the Philippines. In 2001, after a decade-long legal battle ending at the Philippine Supreme Court, health warnings were supposed to occupy 25% of BOTH front and back panels of cigarette packs. The tobacco companies were successful in obtaining postponements of implementation at that time, until the requirement was permanently shelved in favor of drafting the current Tobacco Regulations Act (RA 9211). This time though, the law has not been amended and still applies, and Philippine tobacco control advocates are taking this issue more seriously than ever. The global community also watches as an international letter campaign has been launched, requesting the various concerned Philippine agencies, congressmen, and even the President, to take action on this blatant disregard for the law [http://petition.globalink.org/view.php?code=philippines0].

In the Filipino population of about 85 million people, 50% of men and 12% of women smoke. Every hour 3 Filipinos die due to smoking-related diseases.

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Figures: Photos of Marlboro packs manufactured in the Philippines. The ones on the left, sold in the Philippines, show the hardly noticeable health warning on the side panel. The ones on the right, exported to Thailand, show a prominent text and pictorial warning (about premature aging and mouth disease) on the front panel; the side panel shows it was "made in the Philippines".