What happens when Big Tobacco’s pandemic donations tangle with Philippine politicians drafting new laws?

The bill will effectively cancel recent gains in tobacco control, said Ralph Emerson Degollacion, project manager at Filipino non-governmental organisation HealthJustice. From early 2020, excise taxes were to be increased until 2024 for alcohol and tobacco products including heated tobacco and vapourisers.

The sale of heated tobacco and vaping products to people below 21 years of age was prohibited, and flavours of the products were limited to only plain tobacco and plain menthol. The Philippines’ Food and Drug Administration (FDA) was made the sole regulatory body for the products.

Under the new bill approved by the House’s joint committees, heated tobacco products and e-cigarettes can be sold to those aged 18 and above, and an open-door policy for flavours is proposed. This is akin to formally “handing down the future generations as a ready market for these addiction-inducing products”, said Ulysses Dorotheo, executive director of the Southeast Asia Tobacco Control Alliance (SEATCA).

In a report in May 2020, SEATCA had detailed how the tobacco industry was promoting e-cigarettes to youths using themes such as having fun, success and sensuality. “Vaping trick videos on mobile video sharing service TikTok are rampant, and local celebrities and social media influencers are used to promote e-cigarettes and heated tobacco products. These products are also marketed with thousands of youth-appealing fruity and candy flavors that reduce the perception of harm,” it noted.

Dorotheo had warned that 213 million youths in Southeast Asia are at risk of being addicted to new tobacco products.

Degollacion also noted that under the bill, the Department of Trade and Industry will serve as the main administrator of heated tobacco and e-cigarette regulations, sidelining the FDA.

Who will look into the ties that bind?

Another thorny issue that Congress representatives’ distribution of donations from tobacco firms has highlighted, is whether such conduct violates a joint memo by the Philippine Department of Health and Civil Service Commission. Guidelines bar public officials and employees from unnecessary interaction with the tobacco industry, and from accepting anything of monetary value from persons or entities linked to the industry.

But holding the politicians accountable could be a challenge. Although the joint memo was issued in 2010, “almost no one has come forward to complain against anyone breaching its prohibitions”, said a high-ranking source from the Civil Service Commission who declined to be named.

In addition, the Civil Service Commission has no jurisdiction over the legislative and judicial branches of government, Dorotheo said. “My understanding is that all government officials and employees are covered (by the memo) but the (commission) does not have jurisdiction over elected officials and presidential appointees.”

“These donation-giving partnerships underline the ties that bind between these politicians and the Big Tobacco in the Philippines,’’ he added.

Acosta-Alba, the only Congress representative who responded to Eco-Business’ queries, felt the joint memo only covers the executive branch of government. The Bukidnon representative said that she “solicited” donations for local government units as a “personal initiative”, and not in her capacity as a legislator. She added that the items were sponsored by JVOFI and not PMFTC.

Congress has a House Committee on Ethics and Privileges which has jurisdiction over the duties, rights and conduct of representatives. It is presently chaired by Vergara, with Abueg-Zaldivar as one of two vice-chairs. Both Vergara, a member of the committee on health, and Abueg-Zaldivar, a member of the committee on trade and industry, voted at the committee level on the bill; the former thumbed down the bill while the latter was in favour. Vergara has not responded to requests for comment on whether the committee will look into the conduct of the representatives if a complaint is filed.

Tobacco control advocates also under scrutiny

In a twist of events, tobacco control advocacy groups are now under scrutiny for alleged attempts to influence regulatory policies in the Philippines through their funding of the FDA.

In December last year, Congress representatives Estrella Suansing (Nueva Ecija) and Deogracias Savellano (Ilocos Sur) filed a resolution calling for an investigation into funds given by foreign private groups such as The Union and Bloomberg Initiative to the FDA and other government agencies. The Union and Bloomberg Initiative are against all forms of tobacco products and the resolution argues that such funding, in return for “predefined policies”, infringes on the rights of consumers.

Savellano told the media that the acceptance of foreign grants could be unconstitutional as it infringes on the sovereignty of the agency. He added that interest and consumer groups had complained that the FDA regulatory framework disenfranchises vaping manufacturers and disregards consumers rights. Both Suansing and Savellano represent districts in the country’s top tobacco-growing region.

Amid the brouhaha, the FDA issued a statement on 7 January reiterating its commitment to protect and promote Filipinos’ right to health, including through the regulation of vaping and heated tobacco products. It is legal for the FDA to accept grants, donations, and other endowments from local and external sources to enhance its regulatory capacity, and no money was received by individual FDA officers, it said.

Public consultation on the heated tobacco and e-cigarettes regulations have been temporarily halted.

The bill is set to be read a second time, and amendments could still be made. After its fourth reading, it will be presented to the Senate before ultimately landing before the president for final approval.

Errata:

This article was amended on 4 February 2021 to reflect changes in paragraphs 14 and 15, particularly naming Ma. Lourdes Acosta-Alba and Xavier Jesus Romualdo as non-members (instead of members) of the House's joint committees on Trade and Industry and Health.