Health Groups To Tobacco Companies: Comply With The GHW Law

Different health advocates of the Graphic Health Warning (GHW) Law, or Republic Act No. 10643, joined forces on Thursday in bringing a strong message to the tobacco companies in the country: Strictly comply with the provisions of the new law.

The implementation of R.A. 10643 came into force after the release by the Department of Health (DOH) of its amended 12 GHW templates which tobacco firms will be required to print on the packaging of their products.

In a press briefing held at Max’s Restaurant in Quezon Memorial Circle, Quezon City, representatives of the health groups shared their inputs on the need to be vigilant and ensure that manufacturers of tobacco products will be compliant on what the law states.

These groups include the Framework Convention on Tobacco Control Alliance Philippines (FCAP), HealthJustice Philippines, New Vois Association of the Philippines (NVAP), and the Southeast Asia Tobacco Control Alliance (SEATCA).

They were also joined by Congresswoman Leah S. Paquiz of Party-List ANG NARS, who recalled how she was motivated to file House Bill No. 2470 entitled “An act to Effectively Instill Health Consciousness through Picture-based Health Warnings on Tobacco Products.”

After a long and tedious legislative process, the bill was passed by both houses of the Congress and signed by President Benigno S. Aquino III as Republic Act No. 10643 or Graphic Health Warning (GHW) Law on July 15, 2014.

The law, which became effective on March 3, provides that 50 percent of all cigarette packs must contain pictures illustrating the ill-effects of smoking.

“Although R.A. 10643 may not contain all the provisions contained in the bill I filed, the GHW that is expected to cover the 50 percent of the principal area of the tobacco packs will be sufficient to educate current and prospective smokers that each cigarette puff is deadly, and diseases brought about by smoking will entail healthcare costs,” said Paquiz.

“The GHW Law will help reduce the number of victims of tobacco like us, as pictures on packs are the most effective means of showing the harms brought about by tobacco abuse, causing premature death and diseases, including cancer,” said Engr. Emer Rojas, NVAP President and Global Cancer Ambassador who admitted that because he was once a smoker, he got a Stage 4 throat cancer but luckily survived.

Citing the harmful causes of cancer, Rojas said that it is important that people must not die prematurely of cancer and other dreaded diseases caused by addiction to tobacco and through second-hand smoking.

“These pictures on cigarette packs, these graphic health warnings will save countless lives,” Rojas stressed.

“The tobacco industry should have no excuse to delay the implementation of the law,” said Dr. Ulysses Dorotheo, program director of SEATCA.

He noted that the 12-month grace period given to the tobacco industry to print the GHW was very much longer than what was allowed in other countries that have even bigger GHWs.

‘You have no options but to comply because it is already a law, beware and watch out,” said Rommel Arriola, senior technical officer, FCTC Alliance-Philippines, referring to tobacco companies which, he added, are the ones that will be responsible in the placement of the cigarettes in the packaging where the GHWs should be printed.

According to Arriola, they will be among those who will closely watch the compliance with the law because they are among the non-governmental organization (NGOs) that will actively join in the monitoring.

Meanwhile, Atty. Patricia Miranda, legal consultant of HealthJustice Philippines, said that there will be corresponding sanctions that will be given to the violators.

“There is a provision in the law that says licenses and permits can be revoked,” she added.

Miranda also said that the Bureau of Internal Revenue (BIR) has a very important role in the implementation of the GHW Law.

“BIR is responsible in certifying if the tobacco companies are compliant,” she said, adding that the BIR officials will be the ones that will affix the tax stamps to the cigarettes packs, and “therefore can check if the cigarettes have already the required GHW on the packs.”

The implementation of the law will mean that tobacco companies can no longer come out with any new stocks of cigarette packs to be sold or delivered in the market without GHW.

This means that beginning March 3, 2016, under Section 6 of the law, all the cigarette packs that will be out from the tobacco companies either through local manufacturers or importers shall bear the GHW.

However, the stocks that remain and can still be seen in the market as of this date, in some stores and in areas that cigarettes are sold, will be considered as older stocks or those manufactured or packed in the past months and assumed to be previously delivered.

With this, it can be expected that there will still be some remaining stocks which will be allowed to stay in the market for a period of eight months starting March 3, 2016.

In this light, the health advocates said that prolonged stay of the older or existing stocks will not likely happen because usually in the researches they conducted, the tobacco products usually run out within a period of two to three months only.

Starting Nov. 4, 2016, it is understood that all the remaining stocks without GHW shall be pulled out.

Corresponding penalties will be applied to the violators such as penalties ranging from Php500,000 to Php2,000,000 or imprisonment of not more than five years. (PNA) SCS/LSJ