Well it's about time. Yet another 08/08/08 announcement (right up there with the Wolfgang "Villains" teaser, the release of Rico Blanco's "Your Universe", and of course - the opening of the Beijing Olympics) was Philip Morris Philippines finally 'fessing up and admitting their participation in the Eraserheads Reunion, and releasing details about the event. It's not a "sponsorship" they claimed, they are an organizer/promoter, and the show will go on - in effect doing a run around the party poopers that wanted the tobacco company to withdraw from the gig - that ranged from the Department of Health, Dr. Maricar Limpin, and the ubiquitous Carlos H. Conde of Pinoypress.net.

Two days before the announcement, a joint press conference of Maricar Limpin - executive director of the Framework Convention on Tobacco Control Alliance Philippines (FCAP)- and Department of Health Undersecretary Alex Padilla had threatened to put local Philip Morris executives in the slammer for violating provisions of Republic Act 9211, which bans tobacco companies from sponsoring concerts.

As the ABS-CBN online news report "The 'Red List' is dangerous to your health" put it:

Philip Morris Philippines may get away with the online registration site, but the Department of Health (DOH) said the tobacco company can be charged criminally if it pushes through sponsoring the reunion concert.

"I have a warning to the tobacco company. If we are able to prove that this concert is actually sponsored by you, Philip Morris, definitely we will train our guns on you for violating the law," DOH Undersecretary Alex Padilla announced at a press conference at the World Health Organization headquarters in Manila.

Padilla said the government will go after Philip Morris officials for allegedly violating the law. "If they're foreigners, they shall be deported after serving sentence."

Philip Morris clammed up in the press a couple of days after that, but two days later, an email was sent out to all Philip Morris Philippines employees from Chris Nelson, the Managing Director.

August 08, 2008

Dear All,

I wish to inform everyone that we have confirmed in media today that the Eraserheads will be performing in a one-night only event as part of our Marlboro Red Nation promotions which we have been running for the past two years for our adult smokers. The event will be held on August 30 at the Bonifacio Global City open grounds in Taguig City.

PMPMI supports regulation of the manufacture, marketing and distribution of our products. This is why we supported the passage and implementation of the Tobacco Regulation Act of 2003.

The event is permitted under the provisions of the law related to promotions. The Eraserheads performance is not a form of sponsorship which is not allowed by the law. PMPMI's participation in the event is not as a sponsor, but as a promoter.

This is an invitation only event, restricted to adults and not open to the general public. Invites to our adult smokers will be distributed exclusively through an age-restricted website which is also permitted under the law. Invitations will also be reserved for our trade and business partners, and selected adult guests.

We acknowledge the interest the event has generated and we will strive to keep everyone updated on the developments.

Best regards,
Chris

Some blogs also carried what was allegedly an official statement from the tobacco company:

August 8, 2008 Official statement of PMPMI:

The Eraserheads will be performing in a one-night only event as part of our Marlboro Red Nation promotions which we have been running for the past two years for our adult smokers.

PMPMI supports regulation of the manufacture, marketing and distribution of our products. This is why we supported the passage and implementation of the Tobacco Regulation Act of 2003.

We respect and will always comply with the law. We believe the event is permitted under the provisions of the law related to promotions. his is a by-invitation only event, restricted to adults and not open to the general public. Invites to our adult smokers will be istributed exclusively through an age-restricted website which is also permitted under the law. Invitations will also be reserved for our trade and business partners, and selected adult guests.

DAVE M. GOMEZ (sgd)
Public Affairs & Communications Manager

And lastly, PMPMI dropped off its main motherlode of an anouncement over at Ricky Lo's entertainment column at the Philippine Star (which must mean the "we have confirmed in media" statement of their managing director - if Ricky reports it, it must be news, by gulay!) Philip Morris also decided to send Lo its full defense here, no doubt throughly vetted by their legal team, to show that by organizing the concert as a private by-invitation only event, they are not guilty of "sponsorship".

The pertinent details of their statement:

In response to numerous inquiries from the public including the media, we confirm that the Eraserheads will be performing in a one-night only event as part of our Marlboro Red Nation promotions which we have been running for the past two years exclusively for our adult smokers.  The event is not open to the general public.

Access to the event is age-restricted, strictly by invitation only, and is intended for members of PMPMI's adult smokers' database, trade and business partners, and selected adult guests.

Invites to the event will be distributed exclusively through PMPMI's website, www.marlboro.com.ph, which is restricted only to persons 18 years old and above.

Invites will be issued free of charge, with a corresponding control number, and will be non-transferable.

For admission to the event venue itself, invitees are required to present the personalized invite containing their name and birth date and
a corresponding government-issued ID for verification.

The event will be held on August 30 at the Bonifacio Global City open grounds in Taguig City.

We wish to clarify that this promotional event is lawful as it is allowed under Republic Act 9211 otherwise known as the Tobacco Regulation Act of 2003.

Section 23 of RA 9211 states that the following restrictions shall apply on all tobacco promotions:

1. Promotions must be directed only to persons at least eighteen (18) years old. No person below eighteen (18) years old or who appear to be below eighteen (18) years old may participate in such promotions. The participants in promotions must be required to provide proof of age."

The same law under section 4, paragraph "L" defines promotion as "an event or activity organized by or on behalf of a tobacco manufacturer, distributor or retailer with the aim of promoting a brand of tobacco product, which event or activity would not occur but for the support given to it by or on behalf of the tobacco manufacturer, distributor or retailer." RA 9211 allows tobacco promotions with restrictions. On the other hand, tobacco sponsorship is not allowed.

By definition under the law, sponsorship "refers to any public or private contribution to a third party in relation to an event, team or activity made with the aim of promoting a brand of tobacco product, which event, team or activity would still exist or occur with such
contribution."

Aside from the provisions on promotion that clearly allows us to stage the performance, we are not making a contribution to a third party. We are organizing the event ourselves and the event will not take place without the support given to it by PMPMI.

The Eraserheads performance is not a form of sponsorship. PMPMI's participation in the event is not as a sponsor, but as a promoter. And this promotional event is open only to persons 18 years old and above. If any person will present or try to present a falsified or fake invite r government ID, PMPMI will not hesitate to criminally prosecute the offender to the full extent of the law.

We respect and will always comply with the law. PMPMI believes in regulating the manufacture, marketing and distribution of our products that is why we supported the passage and continue to support the implementation of the Tobacco Regulation Act of 2003.

So there you have it - the show will go on. Well if we have an internet nit to pit, we did notice that the URL mentioned in the statement - www.marlboro.com.ph - doesn't work. But http://marlboro.ph does. If there's a hidden meaning to that, we would love to know what it is.