SALES PROMOTIONS

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SALES PROMOTIONS
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ART. 116. PERMIT TO CONDUCT SALES PROMOTION
No person shall conduct any sales campaigns,
including beauty contest, national in character,
sponsored and promoted by manufacturing
enterprises without first securing a permit from
the concerned department at least thirty (30)
calendar days prior to the commencement thereof.
Unless an objection or denial is received within
fifteen (15) days from the filing of the
application, the same shall be deemed approved
and the promotion campaign or activity may be
conducted Provided, That any sales promotion
campaign using medical prescriptions or any part
thereof or attachment thereto for raffles or a
promise of reward shall not be allowed, nor a
permit be issued thereof.
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UPON MEMORANDUM OF AGREEMENT BETWEEN DEPT. OF
HEALTH (DOH) and DEPT. TRADE and INDUSTRY (DTI)

• DTI shall issue the permit for the sales
  promotion activities of
• Food Service Establishment classified as service
  firms like restaurants and food chains.
• Devices which are not included in the list of
  devices required to be registered.
• Joint promotions of Department Stores and
  Food/Drug/Devices/Cosmetics/HHS
  manufacturers/sellers provided that a copy of
  Certificate of Product Registration (CPR) shall
  be submitted to DTI as a pre-requisite to the
  DTI-Permit.

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Article 109 Chapter VI of RA 7394 Implementing
Agency DOH BFAD With respect to the
following Food Drugs
Cosmetics Devices Hazardous
Substance - Cigarette (Art. 94 RA 7394
RA 9211)
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VOLUNTARY CANCELLATION OF APPROVED SALES
PROMOTION CAMPAIGN

• Voluntary Cancellation Before Publication. An
  approved sales promotion campaign may be
  discontinued or cancelled by the sponsor/s motu
  propio provided that no information dissemination
  and advertising of the same has be made yet. In
  such a case, a written notice shall be sent to
  the Department prior to such voluntary
  cancellation.

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VOLUNTARY CANCELLATION OF APPROVED SALES
PROMOTION CAMPAIGN

• Voluntary Cancellation After Publication but
  Before Commencement of the Promotion Period.
• If any announcement, information dissemination
  or advertising of the sales promotion campaign
  has already been made, but the promotion period
  has not yet commenced, the discontinuance or
  cancellation of the promotion may be made only
  upon prior written notification to the Department
  and the discontinuance or cancellation of the
  sales promotion shall immediately be disseminated
  in the same manner, frequency and medium as the
  promotion had been announced, published or
  advertised before the originally intended
  commencement of the promotion.

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Voluntary Cancellation of Ongoing Promotion

• Grounds for Approval
• A final judgment of insolvency of the sponsor/s
  from a court of proper jurisdiction
• The occurrence of any fortuitous event that will
  make it impossible for all the sponsors to
  continue to deliver the products or services
  which has to be purchased or leased or paid for
  in order for one to participate in the promotion
  Provided, however, that those who had already won
  in the promotion before approval of its
  cancellation is granted shall be paid their
  prizes.

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ISSUES AND CONCERNS

• Incomplete submission of requirements
• - No Certificate of Product Registration
  (Valid)
• - No collateral or advertising materials
• Late submission of Application (30 days from the
  implementation date)
• Request for immediate issuance of permit number
• upon application and over-the phone.
• Concern on who has jurisdiction over a certain
  promo
• (which is DTIs /BFADs or which is not)

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• Thank You