Basis for enforcement
- The circular states that Cease and Desist Orders (CDOs) were issued to stop the sale and distribution of Shenyung (Growth) Balls.
- The circular grounds enforcement on the product being represented as a drug while not being registered with BFAD, making its claims not substantiated.
- The circular also states that CDOs were issued to stop the product’s advertisements to protect the public.
- The circular notes that distribution, sale, and promotions/advertisements of Shenyung (Growth) Balls continued unabated despite earlier BFAD orders.
Immediate confiscation directive
- Food and Drug Inspectors are directed to confiscate all stocks of Shenyung (Growth) Balls found in the market or any drug outlet.
- Confiscation covers the stocks of the product that may be found for sale or distribution.
- The circular ties the confiscation action to consumer protection and public interest.
Continued sales and advertisement stoppage
- The circular treats ongoing distribution and sale as a continuing violation that persists despite prior BFAD Cease and Desist Orders.
- The circular addresses ongoing promotions/advertisements by requiring enforcement through confiscation of market stocks.
- The circular’s enforcement objective is protection of the public from an unregistered drug product marketed with claims not substantiated.
Assistance from police authorities
- Police authorities may be sought for strict compliance with the circular.
- Food and Drug Inspectors may rely on police assistance to ensure confiscation is carried out effectively and lawfully.
Adopting officer
- The circular is signed by CECILE P. GONZALEZ, Director.