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 31, 2023

Thailand Issues Regulation on Language and Other Content in Advertisements

Subscribe to Updates

Thailand has issued a regulation on advertising content—including language-related requirements—securing the right of consumers to clear and fair advertising. The Committee on Advertisement, a subcommittee of the Consumer Protection Board under the Consumer Protection Act B.E. 2560 (2017) (the CPA), laid out the rules in Notification Re: Guidelines on Use of Advertisement Statements by Confirming Facts that are Difficult to Prove and Guidelines on Proof of Advertisement Statements B.E. 2565 (2022). The notification, which repeals and replaces two previous guidelines on the same subject matter, was published in the Government Gazette on January 13, 2023, and took effect the following day.

Under the CPA, advertisements must not be false or exaggerative. If the Committee on Advertisement suspects an advertisement of breaching this restriction, the business operator may have to provide proof of the claims in their advertisement. This new notification clarifies the criteria for determining whether advertisements are false, exaggerative, or unfair to consumers, and also outlines the procedure and evidence for proof of the advertisement at issue.

Mandated Content

The notification requires that advertisements fulfill several requirements:

  • Advertising statements must be in Thai; must be easily seen, heard, or read; and must not be misleading. If the advertisement is in a foreign language, the Thai translation must also be made available. The notification additionally sets detailed requirements for different types of advertisement media.
  • The primary purpose of the advertisement must be to give consumers clear and sufficient understanding. For example, if an advertisement claims that services will be provided free, the services must not be conditional on any fees, so consumers understand correctly that they do not have to pay any fee for the services.
  • Descriptions mentioned in advertisements—such as quantity, volume, size, number, or ingredients or elements—must reflect the actual products or services sold to the consumers.
  • If the advertisement refers to results of testing or experiments undertaken in specific conditions, the name of the testing institute or organization together with the specifics of the test or experiment must be visible on the advertisement.

Prohibited Content

The notification also prohibits statements that:

  • Exclude or restrict the advertiser’s liabilities or enable it to change conditions without prior notice—or that otherwise put consumers at a disadvantage, such as:
    • “We reserve the right to change the price and other conditions without prior notice.”
    • “The picture shown is only an example of our products and may not be the same as the products provided in this promotional campaign.”
  • Appeal to personal beliefs (e.g., through spiritual promises, superstitious claims, etc.), or that seek to persuade consumers who are emotionally distressed or in need of spiritual support, such as:
    • “This product will bring you instant results.”
    • “This product will bring you results within seven days.”
    • “We can perform a ritual to bring your ex back to you.”
  • Overpromise a guarantee or warranty, or that do not provide clear and accurate details of the conditions of a guarantee, such as:
    • “Safe and worry-free.”
    • “You can receive a refund if the product does not work.”
    • “Satisfaction guaranteed.”
  • Confirm facts by comparing the advertised product or service to another product or service, using words such as “the best,” “excellent,” “highest,” “superb,” “exceptional,” “number one, “the only one,” “the only company,” “the first shop,” “the only shop,” “this single time,” or “the only shop in Thailand.”
  • Purport to be based on academic reports, research results, or statistical data certified by an institute, person, or award, unless proven or substantiated by reliable evidence.

The CPA’s definition of “advertisement” is broad, covering all types of communication, terms and conditions governing purchase of products or services, terms of use for a platform, and any kind of marketing campaign are all subject to this notification. In addition, advertising media, such as platform service providers allowing users to share or post prohibited content, can also be held liable for false and exaggerative advertisements.

Therefore, all business operators and merchants—particularly platform service providers that create a variety of advertisements in the course of their business and marketing campaigns—should revisit not only their advertising practices but also the relevant terms and conditions that they communicate or distribute to users or the public.

For more information on the notification’s requirements, review of terms and conditions or advertising content, or advice any aspect of advertising regulations in Thailand, please contact Nop Chitranukroh at [email protected], Penrurk Phetmani at [email protected], or Nutavit Sirikan at [email protected].

Related Professionals

Industries

Consumer Products

Location

RELATED INSIGHTS​ 

July 27, 2026
Vietnam’s new E-Commerce Law, which took effect on 1 July 2026 along with its implementing Decree No. 248/2026/ND-CP (Decree 248), marks a significant development in the country’s approach to online intellectual property (IP) enforcement, reflecting a clear shift from a reactive model of intermediary liability to one that expects platforms to play a more active role in preventing infringement. From notice-and-takedown to platform responsibility The most significant change introduced by the E-Commerce Law is the transformation of the legal role of e-commerce platforms. The existing safe harbor provisions under the IP Law and the copyright notice-and-takedown regime established by Decree 17/2023/ND-CP (Decree 17) largely required intermediaries to act only after receiving notice of infringement. Once infringing content had been removed, the platform’s legal obligation was generally considered fulfilled. The new legislation adopts a fundamentally different approach. Article 17 of the E-Commerce Law requires intermediary platforms to screen information relating to goods and services before publication in order to prevent listings involving counterfeit or IP-infringing goods, and goods of unknown origin. Rather than relying exclusively on complaints from rights holders, platforms are now expected to implement preventive measures before infringing listings become publicly available. Decree 248 further requires platforms to update keyword filters based on recommendations issued by competent authorities. These filtering mechanisms are intended to prevent prohibited listings from appearing on the platform and represent a further move away from a purely complaint-driven enforcement model. The legislation also introduces Vietnam’s first statutory stay-down obligation. Under the E-Commerce Law and Decree 248, major digital platforms must maintain automated systems capable of reviewing, warning against, and removing unlawful listings while also implementing measures to prevent repeat violations, defined under Decree 248 as conduct that has previously been identified and handled by the platform, but continues to recur. This obligation addresses one
Read More
July 8, 2026
On July 7, 2026, the Trade Competition Commission of Thailand (TCCT) issued a press release announcing the establishment of two new subcommittees designed to intensify oversight of digital platforms and modern trade businesses. The formation of the digital platform subcommittee marks a significant escalation in competition enforcement following the TCCT’s Guidelines on Multi-Sided Platforms and E-Commerce Businesses, which took effect on March 25, 2026. Platform operators, sellers, and related service providers should expect heightened regulatory scrutiny and potential investigations into practices already flagged under the March guidelines. Two Dedicated Enforcement Bodies The first new body is the digital platform subcommittee—formally the Subcommittee on Supervision, Monitoring, and Prevention of Trade Conduct in Digital Platform Business. It is tasked with driving intensive oversight of digital platform businesses. It will coordinate with government agencies, the private sector, business operators, and other relevant stakeholders to supervise and prevent trade conduct that may affect competition, and to promote free and fair competition in the digital platform sector. The subcommittee will be composed of TCCT members and representatives from the Department of Internal Trade. The second body—the Subcommittee on Determining Guidelines and Action Plans Concerning Competition Conditions in Modern Wholesale and Retail Business—will study, analyze, and monitor market structure in modern wholesale and retail businesses, compile databases to analyze retail business concentration, assess impacts on small-scale operators, and propose supervisory measures for the retail sector. TCCT members will serve on the subcommittee alongside experts from government and private organizations, including the Office of Industrial Economics, the Office of Small and Medium Enterprises Promotion, the Thai SME Federation, and the Thai SME Council. Operational Impact for Industry Participants These subcommittees provide the TCCT with a focused mechanism to investigate various trade practices deemed unfair, and the TCCT has authority under the Trade Competition Act to issue cease-and-desist
Read More
June 29, 2026
Thailand’s cabinet has approved the draft Act on Liability for Defective Goods, commonly called Thailand’s “Lemon Law.” The Draft Act is currently pending consideration by Parliament. The draft law aims to strengthen buyers’ position in pursuing cases against sellers. While the Civil and Commercial Code offers provisions governing liability for defective goods, it is difficult in practice for buyers to successfully make a claim against sellers, particularly where defects are latent and not discoverable at the time of sale or delivery. By introducing product-specific rules and clearer remedies, the new law is intended to modernize Thailand’s consumer protection framework and align it more closely with international standards, and to help relieve the buyer’s burden of proof against the seller in product liability cases. If enacted, the draft act will take effect 180 days after publication in the Government Gazette, giving businesses a transition period to assess their compliance obligations. This article provides an overview of the key provisions of the draft act and highlights some practical considerations for businesses operating in Thailand. Scope and Key Definitions The draft act applies to sellers—defined as persons who sell goods in the ordinary course of business—and protects buyers, a term defined broadly to include not just the original purchaser but also transferees and successors in title. This expands the class of people who can bring claims. The law does not apply to used goods, live animals, or goods exempted by future ministerial regulation. It also leaves intact any separate warranties, promises, advertisements, or other guarantees a seller has given; those remain enforceable alongside the new statutory rights. General Liability for Defective Goods Sellers are liable for defects that exist at the time of delivery, regardless of whether the seller knew about them. Liability arises where a defect reduces: The benefit intended under
Read More
June 19, 2026
For the first time, Thailand’s Food and Drug Administration (FDA) has published a consolidated list identifying all substances that have successfully passed its novel food safety evaluation process. The list is a step forward in regulatory transparency, but it also highlights a feature of the Thai regime that food companies often overlook: each approval is tied exclusively to the company that applied for it. A substance’s appearance on the list does not give other companies the green light to use it. This article examines the structure of Thailand’s novel food approval framework, the implications of applicant exclusivity, and the strategic choices it requires of food companies looking to bring novel ingredients to the Thai market. Thai FDA Food Safety Evaluation Framework Notification No. 376 of the Ministry of Public Health requires novel food substances to undergo a food safety assessment, with an exemption only for novel foods manufactured exclusively for export. The framework also encompasses “foods that do not qualify as novel foods” but which present characteristics warranting a safety evaluation, such as differing quality standards, increased serving sizes, or applications in specific food categories, where such changes affect consumption levels, nutritional value, or consumer safety. The recently published list of foods that passed the safety evaluation by the Thai FDA is structured by substance category and identifies the approved company (domestic manufacturer or importer), country of origin, substance name and trade name, approved purpose of use, and date of the Thai FDA’s approval notification certificate. A notable feature of Thailand’s novel food regime is that the approval result is tied exclusively to the company that submitted the application. Publication of the consolidated list does not constitute a general authorization to use the approved substances. The Thai FDA’s approval certificate specifies the approved conditions of use and the requirements
Read More