Thailand Expands Rules on Unacceptable Cosmetic Advertising Claims

Background

Under the Cosmetic Act B.E. 2558 (2015), Thailand prohibits cosmetics advertising that contains statements intended to deceive consumers or may have negative effects on society at large. This can include all statements regarding a product’s place of origin, condition, quality, quantity, or properties. Specifically, the following types of claims are prohibited:

1. Statements that are false or overstate the truth;

2. Statements that cause serious misunderstanding of the product either through the mention of scientific data, statistics, or anything else that is not true or that overstates the truth;

3. Statements that make medical claims or whose purpose is other than cosmetic;

4. Statements that lead consumers to believe that the product may enhance libido or sexual performance;

5. Statements that either directly or indirectly promote the commission of a crime or immoral act, or that have a degrading effect on the nation’s morals;

6. Statements that may cause dissension or disunity among the public;

7. Any other statements as stipulated by ministerial rules.

New Additions to Prohibited Claims

On November 22, 2024, the Thai Minister of Public Health (MOPH) issued a new ministerial regulation, adding two additional types of advertising claims to this list of prohibitions as follows:¹

• Claims Suggesting Internal Body Use:

Advertising statements that imply a cosmetic is intended for use inside the body is prohibited, except for tampons and products explicitly marketed for oral or dental use.

• Claims Involving Invasive Devices or Procedures:

Advertising statements that suggest the product is intended for injection or used with a device or equipment that intrudes into the body, or imply the use alongside devices to push substances deeper into the body than the epidermis are prohibited.

Rationale for the Update

These updates respond to concerns about cosmetic advertising that falsely claims therapeutic benefits, such as treating, alleviating, or curing diseases, or implying changes to body’s structure or function. Such claims exceed the intended purpose of cosmetics, which are to enhance cleanliness, beauty, or appearance. Consequently, the new regulation was established under Point 7, Article 41 of the 2015 Act (i.e., Any other statements as stipulated by ministerial rules) to ensure responsible marketing practices.