With advancements in health technology, telemedicine has taken on a wider online presence in Thailand. Under the Medical Facility Act, licensed clinics and hospitals may now diagnose, prescribe, and issue electronic prescriptions during a video call, provided they maintain patient confidentiality and proper recordkeeping.
As a complementary concept, a telepharmacy allows a pharmacist to verify prescriptions, counsel patients, and dispense medication from a remote site. Hospitals, clinic chains, and some retail pharmacy groups have adopted “drive-thru” or “locker” pick-up points where drugs are bagged only after a real-time video consultation with a registered pharmacist.
The clear benefits of telehealth include shorter waiting times and broader access to specialists, which is in the public interest.
Drug Distribution and Advertising in Thailand
The online pharmacy ecosystem creates a legal bridge in that once a teleconsulting doctor issues an e-prescription, a licensed pharmacy can lawfully dispense and deliver the medicine prescribed to the patient’s door. Nonetheless, the critical compliance component remains the advertising of medicinal drugs. It is still not allowed to advertise prescription/pharmacy-dispensed drugs to the public in Thailand.
Although Thailand’s Drug Act of 1967 was written more than half a century ago, it still governs the trading of every medicinal drug that makes its way to consumers in Thailand—whether bought at a pharmacy or delivered with a few taps on a smartphone. First and foremost, the pharmacy must hold a license to sell medicinal drugs as a retailer. It is also mandatory that arrangements be made for a pharmacist to be on duty during opening hours.
Drugs are classified into three main categories: prescription drugs, pharmacy-dispensed drugs, and over-the-counter (OTC) drugs. The listing of OTC drugs with their prices via an online platform is allowed, as only OTC drugs may be advertised directly to the public. However, naming or showing a prescription drug or pharmacy-dispensed drug online—even without a price—is considered advertising and is thus prohibited unless directed solely at healthcare professionals. All drug advertisements, including social media posts, must be preapproved by the Thai Food and Drug Administration (FDA). Penalties for unlicensed ads can reach THB 100,000 per violation, and the FDA typically orders the advertiser to remove the unlicensed ad.
There have been precedent cases of the Thai FDA sending warning letters to certain e-commerce platforms claiming that they violated the drug-advertising provisions of the Drug Act, as they were considered accomplices in drug advertising. As a result, leading e-commerce and social media operators have tightened their standards by implementing policies that include not accepting drug ads on their platforms in Thailand, carrying out robust takedown processes, and introducing seller-verification programs.
Entrepreneurs and e-commerce platforms should verify any advertising claims and be skeptical of treatments that tout the curing of diseases or that use language hyping “miracle” drug properties, as these are classic hyperbole tools used in drug advertising via online platforms.
According to a Thai FDA report, more than 85 percent of drug ads circulating online violate the law. Health-tech and online platforms are continually dealing with the hectic pace of unlicensed ads, as algorithms on their platforms struggle to spot every rogue video or “flash sale” post, but regulators have not stood still. Some of the recent enforcement and oversight trends include:
- Surprise raids on fulfillment warehouses linked to unlawful online sellers.
- FDA press releases that list noncompliant websites and social media pages.
- Collaboration with e-commerce platforms to remove listings flagged by the FDA.
Compliance Outlook
The advertising of medicines in Thailand is heavily regulated under the rulebook of the Thai FDA. Obtaining approval to advertise medicine can be a major obstacle to online pharmacies hoping to expand their market in Thailand. Nonetheless, by embracing telemedicine and telepharmacy guidelines, together with staying alert to advertising pitfalls, Thailand’s digital health market can take advantage of increased public participation in this emerging medicine pathway while protecting patient safety.