The Food and Drug Administration (FDA) issued a Circular about the prohibition on the Online Selling of Essential Emergency Medical Supplies beyond the price ceiling/range set by the Department Memorandum No. 2020-0058 and Department Memorandum No. 2020-0058-A.
What is Department Memorandum No. 2020-0058 and Department Memorandum No. 2020-0058-A?
Both Department Memorandum was issued by the Department of Health (DOH). It is the declaration of price freeze of essential emergency medicines and supplies in the country due to the coronavirus disease (COVID-19).
List of Essential Emergency Medical Devices
ESSENTIAL MEDICAL DEVICES
Particulate respirator, Grade N95
Disposable face mask (Medical mask for health
workers and patients)
Ethyl alcohol 70% solution 60 mL
Ethyl alcohol 70% solution 250 mL
Ethyl alcohol 70% solution 500 mL
Sterile gloves 25 pairs/box (Size 6.5, 7, 7.5,8)
Neb Kit: Adult
Neb Kit: Pedia
Oxygen Cannula: Adult
Oxygen Cannula: Pedia
Oxygen Cannula; Neonatal
Under the Circular, the online selling of any of the listed medical supplies that are beyond the price range is PROHIBITED.
Monitoring of all Online Platforms will be conducted by the FDA Inspector and Regulatory Enforcement agents.
Effectivity of Circular
The Circular will take effect IMMEDIATELY and will remain VALID unless revoked and repealed.
Consumer Act and Price Act
The Department of Trade and Industry (DTI) warned the public that a criminal charge will be filed for overpricing and hoarding of medical devices. Under Consumer Act or RA No. 7394, overpricing of face masks is considered an unfair and unconscionable sales act or practice and this can be considered as an act of Profiteering under RA No. 7581 or Price Act. DTI has also earlier announced a 60-day price freeze on basic necessities.
Penalty for Consumer Act Violator
- Administrative Sanction of up to Php 300,000.00 may be imposed or imprisonment of up to 1 year.
Penalty for Price Act Violator
- Fine up to Php 2,000,000.00 or imprisonment of up to 15 years.
Where to Report Hoarding and Profiteering?
Consumers can report through the One-DTI (1-384) Hotline or email ConsumerCare@dti.gov.ph