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October 5, 2015

Amendments to Cosmetics Act Introduce Renewal Requirements and Fees

Tilleke & Gibbins

New amendments to Thailand’s Cosmetics Act aim to update the decades-old law and harmonize the country’s cosmetics control system with the systems of other ASEAN countries.

Previously, a Notification License of cosmetic products (product license) was valid for a life-long term. Under the new amendments to the Cosmetics Act, a product license is valid for three years from the issued date and can be renewed. Licenses issued under the Cosmetics Act 1992 will be valid until September 7, 2018. Current owners of cosmetics who have already secured a product license should ensure that they renew their license within the due date. If renewal is delayed for longer than 30 days, the license will lapse.

In the case of delayed renewal, a fine of THB 500 is imposed per day. In addition, the FDA will charge a government fee not exceeding THB 5,000 for issuing the product license and an application fee of not more than THB 500. Prior to the amendments, the FDA did not charge any government fees.

Another issue that cosmetic product owners should be aware of is the Thai FDA’s power to revoke a product license if a cosmetic claim is not within the scope of cosmetics, for example, if a claim involves a pharmaceutical indication. Cosmetic product owners should therefore closely review their product portfolios to be registered with the Thai FDA and product labeling and advertisements to ensure they are compliant with the new amendments under the Cosmetics Act 2015.

If you have any questions about the new government fees for cosmetics or the amendments to the Cosmetics Act, please contact Alan Adcock at +66 2653 5871 or [email protected].

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