Indonesia’s National Agency of Drug and Food Control (BPOM) has recently issued several new regulations governing advertisements for cosmetic products in the country. The main regulation—BPOM Regulation No. 32 of 2021 concerning Cosmetics Advertising—took effect on December 13, 2021, and revokes previous regulations regarding cosmetics advertising from 2016. The key aspects of the new regulation are outlined below. Cosmetic Claims The list of prohibited claims for cosmetic products is no longer included with the regulation. Instead, BPOM issued a stand-alone regulation on cosmetic claims as Regulation No. 3 of 2022, which was enacted on January 7, 2022. This regulation on cosmetic claims contains nonexhaustive lists of prohibited and allowed claims for cosmetic products. The new regulation states that published cosmetics advertisements must correspond to the information on the cosmetic product notification. This differs from the previous regulation, which only stated that published cosmetics advertisements were acceptable as long as they were in accordance with the Technical Guidelines for Cosmetics Advertising. Nonetheless, advertisements for cosmetics still do not have to be approved by BPOM prior to their publication. Publication Media Unlike the previous regulation, which only listed electronic, printed, or outdoor media for publishing advertisements for cosmetic products, the new regulation details six main types of advertising media: Printed media: Gazettes, magazines, tabloids, newspapers, bulletins, posters or flyers, leaflets, stickers, booklets, pamphlets, yellow pages, catalogs, and any other printed media  targeting a limited audience in a certain sector, industry, entity, or profession (i.e., non-mass media). Broadcast media: Television (including running-text classifieds, superimposed ads, and “built-in” ads displayed during a television program), radio, and cinema. Online media: Activities (such as searches of websites and webpages), e-commerce, games, social media (e.g., Instagram, Facebook, Twitter), applications, publications, transportation on demand, display ads, video ads, and entertainment, in various possible formats (such as video,

Attorneys from Tilleke & Gibbins’ offices in Vietnam have contributed the Vietnam chapter to Pharmaceutical Advertising 2022 from Chambers & Partners. Pharmaceutical Advertising 2022—the fifth annual edition of this practice guide—provides information on pharmaceutical advertising regulations in 18 jurisdictions around the world. The guidance is especially useful for pharmaceutical manufacturers looking to share their products and innovations with the public in a responsible, transparent way that is compliant with local laws. The Vietnam chapter specifically the following topics: Regulatory Framework for pharmaceutical advertising Scope of advertising and general principles Advertising of unauthorized medicines or unauthorized indications Advertising pharmaceuticals to the general public Advertising to healthcare professionals Vetting requirements and internal verification compliance Advertising of medicinal products on the internet Inducement and antibribery Gifts, hospitality, congresses and related payments Transparency considerations for pharmaceutical companies Enforcement of pharmaceutical advertising rules Tilleke & Gibbins also provided the Thailand chapter to this guide. Chambers & Partners’ Global Practice Guides provide in-house counsel with expert legal commentary focusing on practical legal issues affecting business, and enable readers to compare legislation and relevant procedures across a range of key jurisdictions. The full Pharmaceutical Advertising 2022 guide—including the Vietnam chapter—is available for free on the Chambers and Partners website. The Vietnam chapter is also available as a PDF through the button below.

Attorneys from Tilleke & Gibbins’ Bangkok office have authored the Thailand chapter in Pharmaceutical Advertising 2022 from Chambers & Partners. Pharmaceutical Advertising 2022—the fifth annual edition of this practice guide—provides information on pharmaceutical advertising regulations in 18 jurisdictions around the world. The guidance is especially useful for pharmaceutical manufacturers looking to share their products and innovations with the public in a responsible, transparent way that is compliant with local laws. The Thailand chapter covers the following topics: Regulatory Framework for pharmaceutical advertising Scope of advertising and general principles Advertising of unauthorized medicines or unauthorized indications Advertising pharmaceuticals to the general public Advertising to healthcare professionals Vetting requirements and internal verification compliance Advertising of medicinal products on the internet Inducement and antibribery Gifts, hospitality, congresses and related payments Transparency considerations for pharmaceutical companies Enforcement of pharmaceutical advertising rules Chambers & Partners’ Global Practice Guides provide in-house counsel with expert legal commentary focusing on practical legal issues affecting business, and enable readers to compare legislation and relevant procedures across a range of key jurisdictions. Tilleke & Gibbins also contributed the Vietnam chapter to the guide. The full Pharmaceutical Advertising 2022 guide—including the Thailand chapter—is available for free on the Chambers and Partners website. The Thailand chapter is also available as a PDF through the button below.

The enactment of Thailand’s Narcotics Code, effective December 10, 2021, marked a key milestone in promoting the commercial applications of cannabis (both marijuana and hemp) and kratom as economic plants—with subsequent regulatory developments continuing this push. For many decades, cannabis and kratom were classified as category 5 narcotics under the Narcotics Act. However, a movement for the legalization of cannabis and kratom developed over time. First, the legalization of marijuana (Cannabis indica) for medical purposes became effective on February 19, 2019, as prescribed in Amendment No. 7 of the Narcotics Act. Kratom has also been effectively decriminalized (covering consumption, production, disposal, and possession for any purpose) since August 24, 2021, as prescribed in Amendment No. 8 of the Narcotics Act. The laws governing narcotic and psychotropic substances in Thailand have now taken a significant step forward with the passage of the Narcotics Code, which is intended to be a comprehensive law covering all narcotics and psychotropic substances in Thailand. Most recently, the Ministry of Public Health announced in the Government Gazette on February 2, 2022, that only cannabis extract (both marijuana and hemp) with THC of more than 0.2% by weight will be classified as a category 5 narcotic. This means that seeds, cannabis plants, and inflorescences, if harvested in Thailand, have been removed from the list of category 5 narcotics. Although the changes to Thailand’s narcotics regulations for cannabis and kratom are intricate, both cannabis and kratom have become a topical issue for farmers and related industries. The plants are new cash crops and have attracted widespread public interest. Currently, we can see fresh kratom leaves and fresh cannabis leaves sold in the market. Unlike products with cannabis derivatives, kratom-based products are not yet available in the Thai market. Although there is an opportunity for developing kratom-based products