Voiceless cancer victims clamor for picture warnings on cig packs

When Emer Rojas lost his voice to cancer, he gained the will to fight the tobacco companies. Now using a vibrating device to speak with a startling robot's voice, Rojas tours campuses and graces public events along with other laryngeal cancer victims as exhibits of what a smoking habit can do to a person. Rojas was one of over a dozen anti-smoking advocates who filed on Tuesday a public interest case that they hope will finally end with grotesque pictures of cancer victims on all cigarette packs. "Alam ko ang masamang dulot ng paninigarilyo at nararanasan ko ito ngayon," said Rojas, a one-time radio talent with a silky smooth natural voice. Aside from Rojas, the advocates included former Health Secretary Dr. Juan Flavier and the "Running Priest" Fr. Robert Reyes, whose brother died of tobacco-induced cancer. They all signed a petition filed at the Makati Regional Trial Court seeking a clarification on government rulings that require tobacco companies to put health warnings on cigarette packs. Specifically, they sought a clarification on the following:

(1) the Department of Health's Administrative Order (AO) 2010-13, issued in May this year, imposing the mandatory printing on cigarette packs of pictures and information depicting the effects of cigarettes on the smokers' health. The ruling also specifies the removal of all descriptors in cigarette products. (2) Section 13 of the Tobacco Regulation Act (TRA) of 2003, which requires tobacco manufacturers to print a text warning on the packaging of all tobacco products. The case was filed against the Philippine Tobacco Institute and six tobacco companies. The petitioners included victims of laryngeal cancer and their families. The TRA of 2003 requires the printing of one of the following text health warnings on one side panel of every tobacco product:

• "GOVERNMENT WARNING: Cigarettes are Addictive"
• "GOVERNMENT WARNING: Tobacco can harm your children"; or
• "GOVERNMENT WARNING: Smoking kills."

Tobacco companies are using this law in their defense because Section 13-G of the TRA says: "no other printed warnings, except the health warning... shall be placed on cigarette packs." According to tobacco companies, the DOH AO 2010-13 contradicts the 2003 law on printed health warnings. Flavier, who authored the Tobacco Regulation Act, said in a statement, "It's absurd that tobacco companies are refusing to recognize the DOH AO using no less than the TRA provisions. The aim of both laws is to protect the public from the evils of tobacco consumption." Not contradictory but complimentary "Our petition says that the graphic health warnings are not a contradiction to the existing law," said Atty. Leo Battad, the supervising lawyer of the anti-smoking advocates. "There's no contradiction. In fact, the two are complementary, they help each other." "The graphic health warnings are based on the textual health warnings," Battad said, adding that graphic warnings will also serve the youth and the illiterate members of society who will not understand the written text warning. Atty. Jose Jose, the supervising lawyer of the petition, said tobacco companies say they will be fined if they print graphic health warnings on their packaging. "The petitioners think there is no discrepancy or contradiction between [text and graphic warnings]. The law's intention is for the public to know the ill effects of cigarettes," he said. The declaratory relief also seeks to consolidate all the cases filed by tobacco companies against the DOH in different courts all over the country. Tobacco companies have filed cases against the DOH in different courts. Jose cited Fortune Tobacco Corporation which filed a case in Marikina City and Mighty Corporation Tobacco Company which filed a case in Bulacan. He said this move allegedly buys the companies more time as there will be several cases to stop the impending implementation of the AO 2010-13. Studies on smoking According to the World Health Organization (WHO), more than five million people die every year because of lung cancer and other tobacco-related illnesses. The average is one death every six seconds. WHO studies have also shown that only few people understand the specific health risks of tobacco use. According to WHO, studies showed that when smokers were informed of the dangers of tobacco, most of them want to quit. 'Running Priest' Among the petitioners is Reyes, popularly known as the "Running Priest" as he ran several times in the past to promote several causes. Reyes, of the Apostolic Vicariate of Puerto Princesa, said he supports anti-smoking campaigns because he lost his brother to the "poisons" of cigarettes. "Ang aking kapatid na si Vincent, nagsigarilyo sa edad na 14 at ipinagpatuloy niya ang paninigarilyo for 21 years. Nung tumigil siya, nagkaroon siya ng kanser sa baga (My brother Vincent started smoking at age 14 and continued smoking for 21 years. After he stopped, he still developed lung cancer)," he said. Reyes said he is pushing for the printing of graphic warnings because "pictures do not lie." He added that in other countries like Hong Kong, cigarette packs have graphic health warnings. Cigarettes are also not readily available in stores, unlike in the Philippines where cigarettes can be bought in supermarkets, drug stores, sari-sari stores, and also from street vendors. "While cigarettes have become a sunset industry in other countries, here it's a cigarette haven," he said. "Sana yung mga bata huwag na huwag nang susubukan at titikman (I really hope children do not get into the habit of smoking)." –VVP/HS, GMANews.TV