Lawyers and Doctors Laud court's denial of cigarette co.'s injunction

Health and law professionals joined the Department of Health in celebrating a Parañaque court order that denied an injunction in a case filed against it by Telengtan Brothers and Sons, also known as La Suerte Cigar and Cigarette Factory. La Suerte questioned the DOH order requiring graphic health information on cigarette packs.   

“This is a welcome development. Injunctions are issued to prevent injustice. Which is more unjust, the loss of profits to tobacco companies or the cancers and other deadly diseases that half their loyal customers will die of?  People are only vaguely aware of the types of things they can get with cigarettes.  The longer it takes to implement this requirement, the more people will get addicted before knowing the truth,” says Atty. Ipat Luna an environmental law expert and breastfeeding advocate.

Since the issuance of the Administrative Order, five tobacco companies have filed cases in various courts assailing its validity. In two of five cases, preliminary injunctions have been issued in their favor. An injunction, once granted, retains the status quo among parties.

”This admirable move by the Parañaque court has given us even more faith in the justice system.  Just this April, the Supreme Court ordered that lower courts cannot issue preliminary injunctions against lawful actions of government agencies to enforce environmental laws.  Will it give any less protection when a government agency acts to protect public health?” Atty. Luna adds.

The health department’s AO requires tobacco manufacturers to put graphic health information relating to the contents and harmful effects of tobacco products on cigarette packs, and prohibit manufacturers from using misleading descriptors on cigarettes, like “light”, “ultra-light” and “low tar”. It was issued in compliance with the Consumer Protection Act and the World Health Organization’s Framework Convention on Tobacco Control that was ratified five years ago.

“The denial of the injunction gives us hope. Out of the top ten causes of mortality in the Philippines, at least seven are smoking-related. This is more than enough reason to stop tobacco consumption and save lives. The DOH took the huge step forward in protecting the people’s right to know about the ills that cigarettes bring. The AO should be celebrated, not questioned,” Dr. Daniel Tan, a WHO awardee on tobacco control in the Philippines, says.

        Under the Administrative Code (title IX, Chapter 1, Section 2) and the Consumer Act of the Philippines (Article 2), the DOH is mandated to make administrative regulations to promote the people’s constitutional right to health.