Independent data challenges industry claims
Although tobacco taxes are the same nationally, recent research finds that illicit trade levels vary significantly across cities and regions. This suggests that taxation is not the primary driver of the illicit market, as the tobacco industry claims, and drivers such as weak enforcement, supply chain leakages, corporate pricing strategies and local governance gaps need to be addressed. And an empty pack audit conducted by Action for Economic Reforms (AER) across sari-sari stores found that more than 90 percent of cigarette packs collected bore brands registered with the Bureau of Internal Revenue (BIR). This proves that Filipino smokers predominantly purchase registered brands produced by major tobacco companies rather than unregistered or unknown products, underscoring the dominant position of these companies in the Philippines.
Tax stamp violations raise accountability concerns
Cigarette packs must carry a tax stamp to confirm manufacturers and importers have paid the correct excise tax prior to sale. The audit identified tax stamp violations, including counterfeit stamps or missing stamps, on packs bearing brands of Philip Morris Fortune Tobacco Corp. (PMFTC), a subsidiary of Philip Morris International (PMI), and Japan Tobacco International (JTI), raising questions about whether taxes had been correctly paid on these packs.
While it is not known whether these packs were legitimate or counterfeit, the presence of tax stamp violations on registered brand packs raises concerns about whether tobacco companies are fully controlling their own supply chains.
Registered brand cigarettes sold below legal minimum prices
Researchers also found registered cigarette brands being sold in formal retail settings below the legal minimum price. In some cases, prices fell below Php 71.42, the threshold at which excise and value-added taxes could plausibly be paid, suggesting possible tax evasion. Such pricing increases affordability and access, particularly among young people and low-income communities, while depriving the government of much-needed revenue.
Tobacco companies benefit from illicit trade and pricing tactics
Drawing on global evidence, the report reveals examples of industry involvement in illicit trade and outlines how it can benefit tobacco companies by keeping prices low, undermining measures like health warnings, sustaining addiction, and fueling false arguments to oppose strong tobacco control policies.
The report also highlights evidence that tobacco companies in the Philippines have used tax increases to raise prices beyond tax-related adjustments, a practice known as overshifting, allowing them to increase profits even if consumption declines. This suggests there is room to increase taxes further, protecting youth, encouraging quitting and allowing the additional revenue to benefit society instead of the industry.
Dr. Allen Gallagher, Co-Director of the Tobacco Control Research Group at the University of Bath and a contributor to the report, said governments should view industry arguments with skepticism. “This report highlights the need for stronger enforcement, not lower tobacco taxes, to address illicit trade,” Gallagher said. “Ratifying the Protocol to Eliminate Illicit Trade in Tobacco Products and introducing measures including an independent track-and-trace system, which the Philippines is working toward, would help authorities identify the source of illicit products and ensure tobacco taxes are fully collected.”
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