April 28, 2011

Advertising in the Face of Food and Drug Administration Restrictions

Informed Counsel

In making a product stand out in a highly competitive market, business owners may be tempted to neglect legal restrictions on what they can claim about their product. Such marketing-driven companies should take heed; the number of enforcement actions by the Thai Food and Drug Administration (FDA) over misleading claims or false statements has been increasing. A claim should be understood as a key expression on an advertisement or label stating that the product has an effect. A statement, on the other hand, has a broader meaning and refers to any acts promoting the product. In looking for false statements, the FDA is not only monitoring national media—its usual targets of control and supervision—but also local media, such as community radio stations and newspapers. Now, more than ever, companies must diligently examine their product claims.