On 14 September 2021, the Cabinet has approved the draft Ministerial Regulation Prescribing the Advertisements of Goods or Services Being Unfair to Consumers or May Cause Negative Effects to the Society as a Whole B.E. …. (“Draft Ministerial Regulation 1”) and the draft Ministerial Regulation to Repeal the Ministerial Regulation on the Advertisements of Alcoholic Beverage and Caffeine-Containing Drink in Cinemas and Billboards B.E. 2547 B.E. …. (“Draft Ministerial Regulation 2”) as proposed by the Office of the Consumer Protection Board (OCPB) and considered by the Council of State.
The main points of the amendment of ministerial regulations are as follows:
- The Draft Ministerial Regulation 1
The advertisement of goods or services containing these following messages are considered as the messages that are unfair to consumers or that may cause negative effects on the society.
- Business operators will provide a giveaway or a prize by gambling arrangement or give free gifts or give rights or benefits for free.
- The sale of condominium units that have not been registered as condominium according to the law without specifying the details according to the conditions prescribed by law.
- The sale of lands by dividing the sale into sub-plots, whether selling only the land or sell the land with the building, without specifying the details according to the conditions prescribed by law.
- Messages using or referring to facts about the King, Queen, heir-appointed, or regent which has been used without permission, unless it is a message as prescribed by law.
- The Draft Ministerial Regulations 2
Since there are currently laws containing consumer protection provisions that specifically regulate the advertising of alcoholic beverages and caffeine-containing beverages such as Alcoholic Beverage Control Act B.E. 2551 and Food Act B.E. 2522, this said ministerial regulations shall be repealed in order to have laws as necessary and not hinder one’s careers.