The “Office of Special Authorization for Foggy Niudin and New Tobacco” (OSMV) under the Department of Trade and Industry (DTI) of the Philippines once again emphasized that its products must not be sold or distributed in any form before the SHFT-related cases are concluded. This move is a response to SHFT’s post of “giveaway promotion” on social media. Previously, DTI has issued two precautionary measures orders for violating the RA11900 Act and national standards. The OSMV warns that any violation of the preventive order or the provisions of the Conditional Release Permit (CCR) will be punished.
Key points:
- Background of the ban restated: On April 16, 2025. SHFT posted on social media, announcing “Product giveaway, while supplies last.” DTI promptly responded, emphasizing that even if it is given away for free, it still violates the current Preventive Measures Order (PMO).
- Existing administrative measures: DTI issued PMOs to SHFT and its manufacturers and importers on September 6, 2024 and January 31, 2025 respectively, accusing them of violating Article 4(d) and Article 18 of the RA11900 Vapor Nicotine and Non-nicotine Products Management Act. As well as the requirements of the national executive order (DAO 02-2007) related to the RA4109 Standard Act and the Philippine National Standard (PNS).
- Conditional Release Permit (CCR) restrictions remain in effect: Although SHFT goods have been issued conditional release permits, the CCR explicitly prohibits any form of transfer, use, sale, or distribution, whether in whole or in part, of the goods.
- The law enforcement attitude is clear: DTI OSMV warns the public not to participate in any behavior involving SHFT products, and those who violate it will face corresponding penalties.
Philippine DTI reaffirms ban on distribution of SHFT products
On April 21st, the “Office of Special Authorization for Vaping Nicotine and Non-nicotine Products and Their Equipment and New Tobacco” (OSMV) under the Department of Trade and Industry (DTI) of the Philippines once again reaffirmed that before the relevant cases are concluded, the sale and distribution (including giving away) of SHFT brand products remain strictly prohibited.
This statement is in response to a post made by SHFT on social media on April 16, 2025. The post mentioned that SHFT intended to “give away products for free before the inventory was sold out”. In this regard, DTI pointed out that regardless of whether the product is charged or not, such gift-giving behavior still violates the previously issued Preventive Action Order (PMO).
As of now, DTI OSMV has released Pmos on September 6, 2024 and January 31, 2025 respectively. The reason is that SHFT violated Articles 4(d) and 18 of the “RA11900 Aerosol Nicotine and Non-nicotine Products Management Act”. And the relevant provisions concerning national standards in the “Ministry Order No. 2 of 2007” (DAO 02-2007). Such norms are implemented in accordance with the “Philippine National Standards Act RA4109” and “RA11900”.
In addition to the PMO, the DTI also pointed out that the Certificate of Conditional Release (CCR) issued for SHFT products remains valid, and it explicitly prohibits any form of product transfer, use, sale, or distribution activities, regardless of whether the batch of goods is fully circulated.
DTI OSMV urges the public to avoid participating in any activities related to SHFT products and warns that any violation of the PMO or CCR will be punished according to law.
