DTI Reiterates SHFT Product Distribution Ban; Social Media Giveaways Face Penalty as Violations

Key points:

Reiteration of Ban Background: On April 16, 2025, SHFT posted on social media announcing "free product giveaway until supplies last." The DTI promptly responded, emphasizing that even free giveaways violate existing Preventive Measures Order (PMO).

Administrative Measures Are In Place: Administrative measures have been taken by the Department of Trade and Industry (DTI) on September 6, 2024 and January 31, 2025 against SHFT and its manufacturers and importers, issuing Preventive Measures Orders (PMOs) for violating sections 4(d) and 18 of the Republic Act 11900 on the regulation of nicotine and non-nicotine vapor products, as well as related national administrative orders (DAO 02-2007) and Philippine National Standards (PNS) requirements under Republic Act 4109.

Conditional Customs Release (CCR) restrictions still in effect: While SHFT goods have been issued conditional customs release certificates, CCR explicitly prohibits any form of transfer, use, sale, or distribution, whether it be for all or part of the goods.

Enforcement stance clear: DTI OSMV warns the public against engaging in any activities involving SHFT products, violators will face corresponding penalties.

On April 21, the Special Authority Office for the Regulation of Vape Nicotine and Non-Nicotine Products, Devices and Novel Tobacco under the Department of Trade and Industry (DTI) of the Philippines reiterated that the sale and distribution (including giveaways) of SHFT brand products is strictly prohibited until the cases are resolved.

This statement is in response to a post made by SHFT on social media on April 16, 2025, stating their intention to "give away products for free before they sell out." In response, the DTI clarified that regardless of whether the products are being charged for, such giveaways still violate the preventive measures order (PMO) regulations previously issued.

As of now, the DTI OSMV has issued Product Registration Certificates (PMOs) on September 6, 2024 and January 31, 2025 respectively, citing violations by SHFT of section 4(d) and 18 of the RA 11900 or the Act Regulating Nicotine and Non-Nicotine Vapor Products, as well as related provisions of Department Administrative Order No. 02-2007 concerning national standards. These regulations are in accordance with the Philippine National Standards Act (RA 4109) and RA 11900.

Apart from the PMO, the DTI also pointed out that the Certificate of Conditional Release (CCR) issued for SHFT products remains valid, explicitly prohibiting any form of product transfer, use, sale, or distribution, regardless of whether the batch has fully circulated.

The Department of Trade and Industry's Office for the Special Monitoring of Vulnerable Products is urging the public to avoid engaging in any activities related to SHFT products. They have issued a warning that any violation of the Product Management Order or Consumer Code Regulations will be punished according to the law.