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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Republic Act No. 7394 or the Consumer Act of the Philippines aims to ensure safe and good quality of food, drugs, cosmetics and devices, and regulate their production, sale, distribution and advertisement to protect the health of consumers. (Article 20, Consumer Act of the Philippines)
The Department of Health (DOH), as the implementing agency of the Consumer Act with respect to food and drugs, shall:
(a) establish standards and quality measures for food, drugs, devices and cosmetics;
(b) adopt measures to ensure pure and safe supply of foods and cosmetics, and safe, efficacious and good quality of drugs and devices in the Country;
(c) adopt measures to ensure the rational use of drugs and devices, such as, but not limited to, banning, recalling or withdrawing from the market drugs and devices which are unregistered, unsafe, inefficacious or of doubtful therapeutic value, the adoption of an official National Drug Formulary, and the use of generic names in the labeling of drugs;
(d) strengthen the Bureau of Food and Drugs.” (Article 21, Consumer Act of the Philippines)
Republic Act No. 7394 or the Consumer Act of the Philippines aims to ensure safe and good quality of food, drugs, cosmetics and devices, and regulate their production, sale, distribution and advertisement to protect the health of consumers. (Article 20, Consumer Act of the Philippines)
In furtherance of this policy of the law, the Department of Health (DOH) is designated as the implementing agency of the Consumer Act of the Philippines.
The law says:
“In the implementation of the foregoing policy, the State, through the Department of Health, hereby referred as the Department, shall, in accordance with the provisions of this Act:
a) establish standards and quality measures for food, drugs, devices and cosmetics;
b) adopt measures to ensure pure and safe supply of foods and cosmetics, and safe, efficacious and good quality of drugs and devices in the Country;
c) adopt measures to ensure the rational use of drugs and devices, such as, but not limited to, banning, recalling or withdrawing from the market drugs and devices which are unregistered, unsafe, inefficacious or of doubtful therapeutic value, the adoption of an official National Drug Formulary, and the use of generic names in the labeling of drugs;
d) strengthen the Bureau of Food and Drugs.” (Article 21, Consumer Act of the Philippines)
The Department of Health (DOH) shall promote honesty and fair dealing in the interest of consumers. It shall promulgate rules and regulations according to its judgment to fix an establish a reasonable definition and standard of identity, a reasonable standard of quality, and/or reasonable standard of fill or container for food, drugs, cosmetics or devices.
Under the Consumer Act of the Philippines, the sale, marketing and distribution of any adulterated and mislabeled food or drug are prohibited.
The law says:
“The following acts and the causing thereof are hereby prohibited:
a) the manufacture, importation, exportation, sale, offering for sale, distribution or transfer of any food, drug, device or cosmetic that is adulterated or mislabeled;
b) xxx” (Article 40, par. a, Consumer Act of the Philippines)
Likewise, the law prohibits any alteration or removal of labeling of a food or drug product held for sale.
The law says:
“The following acts and the causing thereof are hereby prohibited:
xxx
g) the alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a food, drug, device, or cosmetic, if such act is done while such product is held for sale (whether or not the first sale) and results in such product being adulterated or mislabeled;
xxx” (Article 40, par. a, Consumer Act of the Philippines)
The Consumer Act of the Philippines, through the Department of Trade and Industry as its implementing agency, seeks to enforce compulsory labeling, and fair packaging to enable the consumer to obtain accurate information as to the nature, quality and quantity of the contents of consumer products and to facilitate his comparison of the value of such products. (Article 74, Consumer Act of the Philippines)
The law says:
“The Department of Trade and Industry shall enforce the provisions of this Chapter and its implementing rules and regulations: Provided, That with respect to food, drugs, cosmetics, devices and hazardous substances, it shall be enforced by the concerned department.” (Article 75, Consumer Act of the Philippines)
Marketing of Food
With respect to the food labels, the law says:
“The following additional labeling requirements shall be imposed by the concerned department for food:
a) expiry or expiration date, where applicable;
b) whether the consumer product is semi-processed, fully processed, ready-to-cook, ready-to-eat, prepared food or just plain mixture;
c) nutritive value, if any;
d) whether the ingredients used are natural or synthetic, as the case may be;
e) such other labeling requirements as the concerned department may deem necessary and reasonable.” (Article 84, Consumer Act of the Philippines)
A food is considered as mislabeled when:
“A food shall also be deemed mislabeled:
a) if its labeling or advertising is false or misleading in any way;
b) if it is offered for sale under the name of another food;
c) if it is an imitation of another food, unless its label bears in type of uniform size and prominence, the word “imitation” and, immediately thereafter, the name of the food imitated;
d) its containers are so made, formed, or filled as to be misleading;
e) if in package form unless it bears a label conforming to the requirements of this Act: Provided, That reasonable variation on the requirements of labeling shall be permitted and exemptions as to small packages shall be established by the regulations prescribed by the concerned department of health;
f) if any word, statement or other information required by or under authority of this Act to appear on the principal display panel of the label or labeling is not prominently placed thereon with such conspicuousness as compared with other words, statements, designs or devices in the labeling and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;
g) if it purports to be or is represented as a food for which a definition or standard of identity has been prescribed unless:
1) it conforms to such definition and standard; and
2) its labels bear the name of the food specified in the definition or standards, and insofar as may be required by such regulations, the common names of optional ingredients other than spices, flavoring and coloring, present in such food;
h) if it purports to be or represented as:
1) a food for which a standard of quality has been prescribed by regulations as provided in this Act and its quality fall below such standard, unless its label bears in such manner and form as such regulations specify, a statement that it falls below such standard; or
2) a food for which a standard or standards or fill of container have been prescribed by regulations as provided by this Act and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard;
i) if it is not subject to the provisions of paragraph (g) of this Article unless its label bears:
1) the common or usual name of the food, if there be any; and
2) in case it is manufactured or processed from two or more ingredients, the common or usual name of such ingredient; except the spices, flavorings and colorings other than those sold as such, may be designated as spices, flavorings and colorings without naming each: Provided, That to the extent that compliance with the requirement of clause (2) of this paragraph is impracticable or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the concerned department of health;
j) if it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin or mineral or other dietary properties as the concerned department determines to be, or by regulations prescribed as necessary in order fully to inform purchasers as its value for such uses;
k) if it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling, stating that fact: Provided, That to the extent that compliance with the requirements of this paragraph is impracticable, exemptions shall be established by regulations promulgated by the concerned department. The provisions of this paragraph or paragraphs (g) and (i) with respect to the artificial coloring shall not apply in the case of butter, cheese or ice cream.” (Article 85, Consumer Act of the Philippines)
Marketing of Drugs
Under the Consumer Act of the Philippines, the Generics Act shall apply in the labeling of drugs.
Republic Act No. 6675 or the Generics Act of 1988 provides that:
(a) “All government health agencies and their personnel as well as other government agencies shall use generic terminology or generic names in all transactions related to purchasing, prescribing, dispensing and administering of drugs and medicines.
(b) All medical, dental and veterinary practitioners, including private practitioners, shall write prescriptions using the generic name. The brand name may be included if so desired.
(c) Any organization or company involved in the manufacture, importation, repacking, marketing and/or distribution of drugs and medicines shall indicate prominently the generic name of the product. In the case of brand name products, the generic name shall appear prominently and immediately above the brand name in all product labels as well as in advertising and other promotional materials.
(d) Drug outlets, including drugstores, hospital and non-hospital pharmacies and non-traditional outlets such as supermarkets and stores, shall inform any buyer about any and all other drug products having the same generic name, together with their corresponding prices so that the buyer may adequately exercise, his option.” (Section 6, The Generics Act of 1988)
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