Thailand Updates Advertising Manual for Cosmetics

On September 25, 2024, the Thai Food and Drug Administration (Thai FDA) issued a revised version of its Cosmetic Advertising Manual, aimed at enhancing the regulation and compliance of cosmetic advertisements under the Cosmetics Act 2015. This manual provides regulatory officials with clear instructions for overseeing cosmetic advertisements, while serving as a comprehensive resource for advertisers to create ethical and compliant promotional content.

Key Highlights of the Manual

1. General Principles of Cosmetic Advertising

The revised manual emphasizes that all cosmetic advertisements made must be truthful, not misleading, and supported by scientific evidence. Claims that could confuse or deceive consumers are strictly prohibited.

2. Examples of Illegal Advertising Information

The manual lists specific types of advertising that violate legal standards, including false and/or exaggerated claims, misleading representations about the nature of the cosmetics, suggestions of medical and/or sexual benefits, claims of altering body structure, and exaggerated results without adequate supporting evidence.

3. Acceptable and Unacceptable Claims in 23 Cosmetic Categories

The manual outlines acceptable and non-compliant claims across 23 cosmetic categories, including:

Below are some examples:

• For skin-balancing products, acceptable claims include phrases like “Balance” or “Balances the Skin,” and statements such as “Helps Restore/Revive/Balance Dry Skin,” or “Contains Microbiome, Prebiotic, or Probiotic.” Unacceptable claims include statements like “Helps adjust/restore/maintain the microbiome balance on the skin,” “Protects the healthy microbiome on the skin,” “Friendly to the skin microbiome,” or any message implying the adjustment of the skin’s pH level.

• For cosmetics containing natural ingredients, the phrase “made with natural ingredients” may only be used when all ingredients in the formula are naturally derived without any extraction process (except size reduction for usability) and contain no preservatives. The phrase “contains natural ingredients or extracts” can be used when the product contains some natural ingredients, such as Centella Asiatica extract. If the product contains chemical ingredients, terms like “naturally made,” “no chemical additives,” or similar phrases are not allowed.

• For detox cosmetics, the manual permits only the use of the term “DETOX” or its Thai transliteration. Claims that translate or describe “DETOX” as meaning detoxification, toxin elimination, or similar phrases are considered unacceptable.

4. Penalties and Enforcement

Advertisers found in violation of the updated advertising standards may face penalties, including fines or imprisonment, depending on the severity of the violation.

Recommended Resources

On October 30, 2024, ChemLinked will host a free webinar featuring expert legal consultants from Tilleke & Gibbins, specializing in cosmetics regulations. The session will delve into Thailand’s Cosmetic Regulations, covering essential topics such as cosmetic registration, labeling, claims, and ingredient compliance. Participants will also gain insights by comparing these requirements with the ASEAN Cosmetic Directive (ACD). Attendees will leave with a comprehensive understanding of how cosmetics are regulated in Thailand and how to ensure compliance with the Cosmetics Act. Registration is open now!