MANILA — The owner of a takoyaki restaurant that recently went viral for its controversial April Fools Day publicity gimmick may  face violations for conducting a promotions without securing the appropriate permits from the Department of Trade and Industry, an official said Thursday.

READ: Takoyaki seller gets cooked for scripted April Fools' 'tattoo fiasco'

Assistant Secretary Amanda Nograles of the DTI Consumer Protection Group said the viral tattoo prank of Takoyaki shop Taragis last April 1, later revealed by its owner as an elaborate publicity stunt, can be considered a sales promotion and should have secured first a sales promo permit from the DTI.

“Noong una, ang sinasabi po natin hindi siya puwedeng ma-consider as a sales promotion. Pero kung titingnan natin later on, inamin po noong mismong may-ari ng establishment na isa nga siyang marketing gimmick," Nograles said. 

(In the beginning, what we were saying is that it couldn't be considered as a sales promotion. But if we look at it later on, the owner of the establishment admitted that it really is a marketing gimmick.)

She added that If the owner admitted that it's a marketing gimmick, and his intention is to entice people to patronize his brand, make his establishment popular, or essentially increase their sales, then it appears to be a promo. 

If the Takoyaki store doesn't have a DTI permit, the DTI can hold them accountable for conducting a promotion without first securing a DTI sales promo permit, Nograles said.

In evaluating a sales promotion of any establishment, the DTI says it studies carefully the promo’s mechanics, including its scope and whether there is anything illegal or immoral required for participants to win.

Nograles said that while the DTI does not have the authority to revoke the license of any business, it may bring the matter to the attention of the LGU where the establishment is registered.

The DTI has also coordinated with the Cybercrime Investigation and Coordinating Center (CICC) on the matter, she said.

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