You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

January 15, 2021

Hemp Now Legally Permitted for Use in Cosmetics in Thailand

Subscribe to Updates

Following the recent delisting of almost all parts of the hemp plant from Thailand’s list of prohibited narcotics (see here for further details), the Ministry of Public Health has issued a notification allowing hemp to be used in cosmetics. Prior to this development, this use of hemp (whether from natural or synthetic sources) was not allowed, as it fell under the definition of narcotics under the Notification Re: Ingredients Not Allowed for Use in Cosmetics B.E. 2559 (2016).

Under the Ministerial Notification Re: Use of Hemp in Cosmetics B.E. 2564 (2021), which was published in the Government Gazette on January 11, 2021, domestic manufacturers are now allowed to produce cosmetics containing hemp seed oil or hemp seed extract, provided the cosmetics do not have a THC level exceeding 0.2% by weight.

To register such products with the Thai FDA, applicants must submit a certificate of analysis, safety data sheet, and label for the agency’s evaluation. The timeline for approval of the registration (notification) of a cosmetic containing hemp seed oil or hemp seed extract is three business days. The applicant (i.e., manufacturer or toll manufacturer) must declare the amount of hemp seed extract or hemp seed oil used in the cosmetic in their notification application. Cosmetics must not use a name for the product that evokes an association with hemp flowers or narcotics, and the name of the product must be within the scope of cosmetics. For example, names containing “inflorescence,” “flower,” “CBD,” “THC” or similar will not be allowed.

It should also be noted that Thailand does not yet allow the importation of cosmetics containing hemp seeds or hemp seed extract, and this regulation only applies to domestically produced hemp products—a business currently restricted to individuals or companies with Thai nationality.

For more details on this development, or on any aspect of hemp and cannabis regulations in Thailand, please contact Tilleke & Gibbins at [email protected].

Related Professionals

Industries

Life Sciences

Practices

Regulatory Affairs

Location

RELATED INSIGHTS​ 

July 20, 2018
Practical Law has published the 2018 edition of its Distribution and Marketing of Drugs Global Guide, a easily accessible Q&A overview of the key legal issues involved in bringing drugs to market in 29 jurisdictions worldwide. Members of the Tilleke & Gibbins life sciences team wrote the Vietnam chapter of this year’s guide.
Read More
July 20, 2018
Tilleke & Gibbins has contributed to the 2018 edition of the Distribution and Marketing of Drugs Global Guide, a Practical Law Company publication covering issues related to the distribution and marketing of drugs across 28 different jurisdictions.Providing their expertise in the guide’s Thailand chapter were Alan Adcock, partner and deputy director, Siraprapha Rungpry, consultant, and Dr. Atthachai Homhuan, regulatory affairs manager, from the Tilleke & Gibbins’ intellectual property group in Thailand. The chapter covers the following topics:
Read More
June 28, 2018
On June 19, 2018, Vietnam’s prime minister issued Directive No. 17/CT-TTg on strengthening the fight against smuggling, commercial fraud, and the production and trade of fake goods and low-quality goods for pharmaceuticals, cosmetics, and functional foods (Directive 17). Directive 17 states that, while tens of thousands of cases have been discovered and handled, the situation still needs improvement, as infringers are using more complex methods and are located not only in urban areas, but also in many remote regions.
Read More
May 25, 2018
The Medical Facility Act B.E. 2541 (1998) (also known as the Sanatorium Act) was recently amended by the Medical Facility Act (No. 4) B.E. 2559 (2016) which introduced a number of changes to Thailand’s regulation of private medical facilities, e.g. private clinics and hospitals, including those performing plastic surgery. Some of the most notable changes lie in the amended Section 38, which concerns advertisements. Previously, an advertisement for a medical facility was regulated post-publication and did not require any prior approval.
Read More