GENERAL GUIDELINES ON THE

ISSUANCE OF SALES PROMO PERMIT

CFRR Qualified Person in Regulatory Affairs Training –
Accreditation

Hannah Margaret M. Rabaja

Licensing and Registration Division
Center for Food Regulation and Research
 Republic Act 9711 Republic Act 7394
Consumer Act of the Philippines
Food and Drug Administration Act of 2009

Administrative Order 2010-0008 DTI AO No. 2 s. 1993

Directive Specific to the Change in the Use of Phrase "No Rules and Regulations Implementing RA
Approved Therapeutic Claim" in all Advertisement, Promotional, 7394
and/or Sponsorship Activities or Materials Concerning
Food/Dietary Supplements Related
Issuance Bureau Circular No. 2007-002
DTI-DOH Joint Administrative Guidelines in the Use of Nutrition and Health
Claims in Food
Order No. 1 series of 2000
Prescribing a Schedule of Fees and Charges DTI Administrative Order No. 10-
for Sales Promotion Activities
02 s. 2010
Addenda to DTI AO 2 s. 1993

Issuances
ADVERTISEMENT:
the prepared fact, data or
information about the
attributes, features, quality or
availability of consumer
products presented or made
available to the public
through any form of mass
media, subsequently applied,
disseminated or circulated
advertising matter.
Advertising and Sales Promotion
SALES PROMOTION
- techniques intended for broad
consumer participation which
contain promises of gain such as
prizes, in cash or in kind, as reward
for the purchase of a product,
security, service, or winning in a
contest, game, tournament and
other similar competitions which
involve determination of winner/s
and which utilize mass media or
other widespread means of
information.
- it also means techniques purely
intended to increase the sales,
patronage and/or goodwill of a
product.
 Coupons
Coupons and
and Rebates
Rebates

Premiums
Premiums

Loyalty
Loyalty Marketing
Marketing Programs
Programs

Contests
Contests &
& Sweepstakes
Sweepstakes
Popular
Popular Tools
Tools
for
for Sampling
Sampling
Consumer
Consumer Sales
Sales
Promotion
Promotion Point-of-Purchase
Point-of-Purchase Promotion
Promotion

Sales Promotion Tools

 Free
Free Merchandise
Merchandise
Tools
Tools for
for
Trade
Trade Sales
Sales Store
Store Demonstration
Demonstration
Promotion
Promotion

Sales Promotion Tools

 Filing of Application
SCHEDULE FOR FILING:
1. Email copy of the Accomplished Integrated
Application Form to fdac@fda.gov.ph
Payment
2. Appear during the scheduled date of
submission of documents
Evaluation and
Checking 3. Bring soft/scanned copy of all pertinent
documents during the assigned schedule

Approval of Permit 4. Centralized Receiving: 3rd Floor, Starmall

Alabang

Releasing

Process Map: Filing of Application (1)

 Filing of Application SALES PROMOTION includes:
1. Freebies/Premium Items
2. Price Discount
Payment
3. Raffle (including electronic draw through
Facebook and other social media sites)
4. Bundling or Promo Pack
5. Radioscript
Evaluation and
Checking 6. TVC/Storyboard
7. Coupons
8. Game
9. Print Ads
Approval of Permit

Releasing

Process Map: Filing of Application (2)

 Filing of Application INITIAL:
1. Integrated Application Form (download thru FDA
Website)
2. Letter of Intent from the Company of Advertising
Payment Agency
3. Accomplished Information Sheet and Detailed
Mechanics of Promotion (download thru FDA
Evaluation and Website)
Checking 4. Photocopy of Valid CPR and LTO
5. Advertising/Collateral Materials to be used in the
Promotion
Approval of Permit 6. Proof of Payment
Filing of Application for Sales Promotion Permit
At least thirty (30) days before the actual commencement
Releasing of the sales promotion (RA 7394, Rule IX, Section 1)

Process Map: Filing of Application (3)

 Filing of Application AMENDMENT:
1. Integrated Application Form (download thru
FDA Website)
Payment 2. Letter of Intent from the Company of
Advertising Agency
3. Photocopy of Approved Permit
4. Additional Advertising/Collateral Materials to
Evaluation and
Checking be used in Promotion if any
5. Proof of Payment

Approval of Permit

Releasing

Process Map: Filing of Application (4)

 Filing of Application EXEMPTIONS FROM THE
RULES OF SALES PROMOTION
Payment CAMPAIGN:
1. Government – sponsored Sales promotion
campaigns sponsored, when the same is conducted
Evaluation and
Checking in the exercise of their governmental functions;

2. Social, civic, political, religious, educational,

professional and other similar organizations) which
Approval of Permit
extend promotional activity among their members.
Provided that the promotional activity is not
considered sales promotion campaign as defined
Releasing under there Rules.

Process Map: Filing of Application (5)

 Filing of Application EXEMPTIONS FROM PERMIT REQUIREMENT (DTI
AO No 2 s. 1993):

1. Competitions, except beauty contest conducted nationwide, which do

Payment not require the purchase, lease or payment for any consumer product
or service or availment of consumer credit;
2. Parlor games whether held live during sage show, parties, special
occasions, and/or utilizing any form of mass media where the
Evaluation and qualification to be a participant and/or a home partner of the winner
Checking does not require the purchase or lease of any consumer product or
service or the availment of a consumer credit facility and/or sending or
presentation of any proof thereof;
3. Door prizes given to patrons of concerts, stage shows, stage plays, film
Approval of Permit showing and other similar activities;
4. Instant sales promotions campaigns;
5. In-store promotions, such as, but not limited to price reduction
promotions, discount sales and premium-in-pack in which no
Releasing advertisement are made on such sales promotion campaign.

Process Map: Filing of Application (6)

 Filing of Application DTI shall issue the permit for
the sales promotion activities:
Payment 1. Food service establishment classified as service firms
like restaurants and food chains.
2. Devices which are not included in the list of devices
required to be registered.
Evaluation and
Checking 3. Joint promotions of department stores and
food/drug/devices/cosmetics/HHS
manufacturers/sellers – provided that a copy of
Certificate of Product Registration shall be submitted
Approval of Permit to DTI as prerequisite to the DTI Permit.

Releasing

Process Map: Filing of Application (7)

 DTI-DOH Joint Administrative Order No. 01 series of 2000
Filing of Application Prescribing a Schedule of Fees and Charges for Sales
Promotion Activities
Based on Amount of Prizes Fee
Payment 150,000 & below – 300,000 ₱ 1,010
300,001 – 500,000 ₱ 2,020
500,001 – 1,000,000 ₱ 3,030
Evaluation and Above 1,000,000 ₱ 5,050
Checking
Amendment/Extension ₱ 310
Based on Geographical Coverage
Approval of Permit NCR only or in several regions in NCR and ₱ 1,010
Nationwide
More than one (1) region but excluding NCR ₱ 760
Several provinces/cities/municipalities within a ₱ 560
Releasing
single region
Single province/city/municipality ₱ 260

Process Map: Payment

 Filing of Application Processing Period: 14 calendar days

 No health product that has not been registered or

Payment authorized shall be advertised, promoted or
subjected to any marketing activities.

Evaluation and
 No claim in the advertisement, promotion and
Checking sponsorship, and other marketing activities shall
be made other than those contained in the
approved label or packaging of the health
Approval of Permit product, or as duly approved by the FDA.

 No claims, therapeutic or scientific otherwise,

shall be made that has not been duly approved
Releasing by the FDA.

Process Map: Evaluation (1)

 Filing of Application
 Administrative Order 2010-0008: All
Food/Dietary Supplements owners,
manufacturers, distributors, importers, exporters,
advertisers, and/or agents are mandated to
Payment strictly carry, in Tagalog, the standard message or
phrase:
MAHALAGANG PAALALA: ANG (NAME OF
Evaluation and PRODUCT) AY HINDI GAMOT AT HINDI
Checking DAPAT GAMITING PANGGAMOT SA
ANUMANG URI NG SAKIT.

Approval of Permit  All approved sales promotion campaigns shall

include in their advertisement, publication or
announcement the phrase “Per DOH-FDA CFRR
Permit No.____ series of (Year)” (RA 7394, Rule
Releasing
IV, Section 4)

Process Map: Evaluation (2)

 Filing of Application

Payment
 Standard Mandatory Messages for Alcoholic
Beverages:
Evaluation and
Checking
“Drink responsibly.”

“For 18 years old and above.”

Approval of Permit

Releasing

Process Map: Evaluation (3)

 Filing of Application  General Rule on the Duration and
Extension of Promo Application (RA
7394, Rule XII, Section13)
 The sales promotion campaign shall have
Payment a duration of not more than a year,
extendible to a maximum of six (6)
months upon approval by the
Evaluation and Department.
Checking
Exceptions to Rule on Duration
 Price reductions shall not exceed three (3)
Approval of Permit months.
 Closing out sale shall not exceed six (6)

months.
Releasing

Process Map: Evaluation (4)

 Filing of Application

Payment  In a price reduction promotions with a period,

is the use of the phrase “While supply lasts”
allowed?
Evaluation and  No. Where such qualification is made in a sales
Checking promotion campaign with a period, the sponsor
shall be liable therefore throughout the duration
of the promotion, whether or not the supply of
Approval of Permit the products under promotion has been
depleted.

Releasing

Process Map: Evaluation (5)

 Filing of Application
 How long can a sponsor hold price reduction
promotions?
 Any price reduction promotion on any consumer
product or service shall not exceed three(3)
Payment months. However, in case of closing – out sales,
the period shall be six (6) months.

Evaluation and
Checking

Approval of Permit

Releasing

Process Map: Evaluation (6)

 Filing of Application
 Filled Up Information Sheet and Mechanics of
the Sales Promotion
 Advertiser (the client of the advertising agency

on whose account the advertising is prepared,

Payment conceptualized, presented, or disseminated)
 Advertising Agency (a service organization
creating, conducting, producing, implementing
Evaluation and or giving counsel on promotional campaigns or
Checking programs through any medium for and in
behalf of any advertiser)
 Promotion Title

Approval of Permit  Promo Period

 Geographical Coverage
 Registration
 Mechanics (Qualification/Disqualification of
Releasing
Participants, Description of Procedure,
Description of Winners, Notification of
Winners, Prizes to be Won, Media Utilized

Process Map: Evaluation (7)

 Filing of Application

Payment
 Products covered by the Milk Code:
 Breastmilk substitutes (including infant
Evaluation and formula)
 Other milk products, foods and beverages
Checking
(including bottle-fed complementary foods)

Approval of Permit
 Marketing and practices related to the aforesaid
products shall be forwarded to IAC Secretariat to
be deliberated by the IAC on EO51 (DOH, DTI,
DOJ, DSWD)
Releasing

Process Map: Evaluation (8)

Filing of Application Presence, Verification and/or Certification by
DOH-FDA representative: (RA 7394, Rule XVI,
Section 1)
Payment A representative shall be invited in the following instances:
 To inspect and verify the electronic device or similar

contraption to be used in determining or selecting the

participants and/or winners or winning entries; (AO 10-
Evaluation and
Checking 02 series 2010)
 To witness the drawing of pre-determined winning

entry forms;
 To witness the printing and seeding of winning
Approval of Permit predetermined entry forms/forms;
 To witness pre-qualifications, try-outs, auditions and to

verify and certify the participants who passed or

qualified the same;
Releasing  To witness any pre-draws or drawing of minor prizes

and to verify and certify the winners of the same; and

 To witness final draws or final determination of winners

Process Map
 Filing of Application

Payment
Presence, Verification and/or Certification by
DOH-FDA representative: (RA 7394, Rule XVI,
Evaluation and
Section 1)
Checking
 An invitation to the Department shall be sent at
least seven (7) calendar days before the actual
activity.
Approval of Permit  If the printing, seeding and/or drawing of winners
is to be held outside the country, notification to
the said event shall be at least fourteen (14)
Releasing calendar days. (DTI AO 10-02 series of 2010)

Process Map