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April 30, 2011

Claims for Food Products

Thailand: IP Developments, Tilleke & Gibbins Client Newsletter

Recent years have witnessed a proliferation in the number of products available under the “nutritional food” heading. For companies to stand out from their competitors in this growing sector, marketing and advertising is integral for success. The ability to make claims regarding products is a significant aspect of this process. While the number of products has been on the rise, there has also been an augmentation in demand among consumers for healthier, more nutritious products. This, coupled with more aggressive advertising tactics, could lead to exaggerated or egregious claims. In order to balance the consumers’ need for accurate information and the companies’ commercial interest, regulations have been set forth that delineate the boundaries of permissible health claims. The European Union and the United States have similar regulations which allow for health claims, provided that there is scientific evidence to substantiate the claim. However, when many of these companies attempt to sell their products in Thailand, they find their advertising efforts thwarted by more stringent regulations and stricter approval procedures.

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Neetika Mutreja