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

February 26, 2013

Online Pharmacies in Thailand: Potential Risks

Subscribe to Updates
Informed Counsel

“Save 30% if you buy today!” This is just one of many familiar e-commerce advertisements that regularly bombard consumers online. By employing many of the same techniques that have proven to be successful in selling other goods, many online pharmacies advertise drugs in an aggressive fashion to increase their sales.

Of course, online pharmacies offer certain advantages. They help consumers find the specific drug products they need, and they often offer special discounts. Online pharmacies are also easy to access—a simple web search reveals a seemingly endless list of online pharmacies. Furthermore, if a customer feels embarrassed about purchasing certain types of products, such as erectile dysfunction medication, from an actual pharmacy, a virtual pharmacy can help prevent an uncomfortable experience.

But despite these conveniences, there are some important risks associated with online pharmacies and the products they sell. Large quantities of drugs can be dispensed, which may raise the possibility of drug abuse. A further important risk is posed by counterfeit medication; drug products purchased online may be counterfeit, illegal, or unapproved by Thailand’s Food and Drug Administration (FDA).

Web Pharmacy Hosted in Thailand: Illegal Products and Consequences

The Pittsburgh Post-Gazette published a story about a 33-year-old Thai woman who was the head of a company running a website, www.eDrugnet.com, plus at least 30 other affiliated websites. These sites sold drugs without prescriptions, despite the fact that they were required. These e-pharmacy websites were hosted in Thailand and shipped drugs to the United States. The company received e-mails with drug orders from customers and would send drugs overseas in boxes labeled as samples and gifts via express mail.

After a lengthy investigation by the U.S. FDA, FBI, and Department of Homeland Security, which involved meeting the woman in Bangkok and ultimately causing her to fly to the United States to meet undercover agents, the woman confessed to the scheme. She pleaded guilty in federal court to wire fraud, money laundering, and introducing misbranded drugs to the United States. The Thai businesswoman is suspected of having made over USD 2.1 million. Her website has been taken offline, and her income and the assets from the business could be seized following the court sentencing, which is set for February 22, 2013.

Legislation in Thailand Governing Online Pharmacies

There is no separate legislation governing the online sale of pharmaceutical products through web pharmacies hosted in Thailand. The Drug Act B.E. 2510 (1967), which is applicable to the physical sale of medicinal and pharmaceutical products, also regulates the online sale of such products.

According to Section 14 of the Drug Act, the licensing authority (the Thai FDA) will approve a “license to sell drugs” for business operators if they comply with certain requirements. One of the requirements is that the business operator, a resident in Thailand, has the premises to sell or store drugs, equipment for use in the sale or storage of drugs, and control over the maintenance of drug quality and quantity, as prescribed in the ministerial regulations. In addition, Section 21 of the Drug Act states that a business operator that has been permitted to sell modern drugs must have a pharmacist on duty during business hours. These two sections of the Drug Act restrict the distribution of drugs “virtually,” since both the requirements of appropriate premises and a pharmacist on duty are unmet.

Using the Internet and Social Media for Drug Advertising

Despite the fact that it is not legal under Thai law to market drug products online, more and more pharmacies are now turning to social media marketing as a promotional channel. Many pharmacies are creating fan pages via social media as part of a “direct-to-consumer advertising” strategy.

However, business operators need to understand that information distributed on the internet, intended for customers in Thailand, must meet the same requirements as other media distribution. While there are no specific rules on the use of the internet or social media for drug advertisements, the Thai FDA enforces and regulates the promotion of drugs via Sections 88 to 90 of the Drug Act. Under Section 88 bis, advertisements to sell drugs via radio, television, movies, or through printed matter must receive permission from the Thai FDA for the text, sound, or picture used in the advertisement.

Nevertheless, most advertisements (more than 85 percent) on the internet are being presented without permission, according to the Thai FDA. Currently, the FDA has made it a priority to deal with this problem. Thus, business operators must ensure that their social media marketing strategy meets FDA requirements, as well as the requirements of the Drug Act. Any violation of the Drug Act’s marketing provision is subject to a fine of up to THB 100,000 (USD 3,330).

Increasing Enforcement

Thailand’s current drug laws are more than forty years old, and therefore are not well suited to deal with e-commerce. Although it is not legally permissible to market drug products online in Thailand, the illegal online pharmacies that do still exist pose threats to consumers in regard to the method of distribution, which may increase the likelihood of drug abuse, and further run the risk of medication being counterfeit. Thai pharmaceutical businesses should assess whether their e-commerce and marketing activities violate drug laws, especially as national and international authorities are stepping up their efforts to prevent the further proliferation of illegal online pharmacies.

Download Full Article
Related Professionals

Industries

Life Sciences

Practices

Regulatory Affairs

Location

RELATED INSIGHTS​ 

August 10, 2026
On June 17, 2026, Indonesia’s National Agency of Drug and Food Control (BPOM) issued BPOM Regulation No. 10 of 2026 on Nutritional Information on Processed Food Labels. The new regulation, which revokes three previous nutrition labeling regulations, introduces several notable changes affecting food and beverage manufacturers, importers, and distributors. These changes range from updated nutrient reference values and serving-size requirements to the introduction of the Nutri-Level front-of-pack labeling system for certain beverage products. Businesses operating in Indonesia should carefully review these developments and assess their products’ compliance with the new requirements during the transition period. Implementation of the Nutri-Level Labeling System To implement the recently issued decree on Nutri-Level labeling, BPOM Regulation No. 10 of 2026 stipulates the requirements to implement the Nutri-Level labeling system on the front-of-pack. Under the new framework, ready-to-drink beverages, powdered beverages, and liquid or solid concentrates are required to display Nutri-Level labeling on the front label of their packaging. The Nutri-Level labeling system classifies products into color-coded levels A through D based on their sugar, sodium, and total fat content. The applicable Nutri-Level is determined based on the lowest level measured in the assessment of sugar, sodium, and total fat content. For products classified as level C or D, the Nutri-Level label must be accompanied by information on the relevant sugar, sodium, and total fat content per 100 ml of the ready-to-consume product. Products classified as level A or B may either display only the Nutri-Level designation or display the Nutri-Level together with the relevant nutritional information per 100 ml. Minimum Vitamin and Mineral Content Required for Declaration BPOM Regulation No. 10 of 2026 introduces a stricter threshold for the declaration of vitamins and minerals in the nutritional value information section (ING). Vitamins or minerals may only be declared if they are present at a
Read More
August 10, 2026
The drug registration process in Vietnam will be simplified, particularly for foreign applicants, following the recent issuance by Vietnam’s Ministry of Health (MOH) of a new circular that is expected to reduce administrative hurdles. Circular No. 32/2026/TT-BYT on the registration of drugs and medicinal ingredients (Circular 32) was issued on July 29, 2026, and will take effect on October 1, 2026, replacing Circular No. 12/2025/TT-BYT. Key provisions of the new circular are discussed below. Five-Year Data Exclusivity and Five-Month Public Disclosure Framework Circular 32 updates data protection guidelines by explicitly referencing Article 128 of the amended Intellectual Property Law, which sets out that new drugs supported by clinical trial data submitted for the first time will be granted a five-year data exclusivity period from the date of the initial marketing authorization (MA) approval. Subsequent applications that rely on the originator’s protected data will not be eligible for approval from the date of submission of the originator’s registration dossier until five years after the first MA is granted. Furthermore, in accordance with the new regulations, the regulatory authority must publicly disclose information on subsequent applications five months before the granting of MA, providing originator companies with an opportunity to exercise and enforce their intellectual property rights. Simplified Requirements for Foreign Legal Documents Circular 32 expands the circumstances under which legal documents issued by foreign authorities are exempt from consular legalization and authenticity verification requirements. Specifically, such documents may be exempt if the Drug Administration of Vietnam (DAV) is able to verify their authenticity directly through official electronic means, including written confirmation or email correspondence sent directly to the MOH by the competent foreign authority, or publicly accessible English-language databases maintained by recognized foreign regulatory authorities. In addition, the new circular permits the submission of electronic notarized copies of legal documents
Read More
July 24, 2026
As food innovation continues to accelerate, manufacturers are increasingly introducing ingredients derived from new sources, produced using novel technologies, or lacking a significant history of human consumption. While these innovations create new opportunities for the food industry, they also raise important questions regarding consumer safety. For this reason, many jurisdictions, including Thailand, the European Union, Australia and New Zealand, Canada, and Singapore, require a premarket safety assessment for novel food ingredients before they can be placed on the market. The objective of this assessment is to ensure that each ingredient is safe for its intended use and level of consumption, does not present toxicological, allergenic, microbiological, or nutritional concerns, and will not mislead consumers. Scientific authorities typically evaluate the ingredient’s identity, manufacturing process, composition, specifications, anticipated dietary exposure, toxicological information, nutritional impact, and history of use before determining whether it can be marketed. Against this background, the Thai Food and Drug Administration (FDA) recently took an important step toward improving regulatory transparency by publishing, for the first time, a consolidated public list of substances that have successfully completed the Thai FDA’s safety assessment process, including substances determined to be novel foods and those determined not to fall within the novel food category. The list identifies the approved substances, the corresponding manufacturers or importers, approval dates, and the approved conditions of use. Although the publication does not change the existing legal framework governing novel food approvals, it provides businesses with greater visibility into the Thai FDA’s regulatory precedents and the types of substances that have previously been accepted through the safety assessment process. The full announcement is available on the Thai FDA’s website. As the list is now publicly available, it also provides useful insight into the types of substances that have successfully completed the Thai FDA’s safety assessment process.
Read More
July 24, 2026
For businesses in Thailand’s regulated industries, the problem of “too many licenses” is one of the most familiar hurdles to getting a product to market. Take a simple example: importing the materials necessary to sell teriyaki chicken skewers. To legally do this, a business may need approvals from several different agencies—separate permits for the chicken (Department of Livestock Development), the dipping sauce (Thai FDA), the wooden skewers (Department of Forestry), and other ingredients, each under a different authority. This kind of overlap is often cited to argue for a “regulatory guillotine”—a systematic review to cut outdated or duplicative rules that slow investment and business activity. The Facilitation of Licensing and Public Service Consideration Act B.E. 2569 (2026) (Licensing Facilitation Act 2026) is Thailand’s most significant response yet to that concern. This article looks at the Facilitation Act 2026 through a life sciences and regulatory affairs lens—what it may mean for the manufacturers, importers, and distributors of food, drugs, medical devices, cosmetics, and similar products who routinely deal with several regulators to bring a single product to market. The Super License: One Approval Standing in for Many The reform with the clearest potential for regulated-product businesses is the law’s “super license” mechanism, referred to as a “main license” in the statute. Once a business obtains the main license for a regulated activity, it is automatically deemed to hold all related sublicenses issued by other agencies for that same activity, provided the activity has been designated as eligible in the Government Gazette. The Licensing Facilitation Act 2026 also creates a central application center, allowing applicants to submit a single application and pay all relevant fees at one point of contact, with the center routing the application to each agency through a shared information system. The potential benefits of this for businesses
Read More