FDA: Food and Drug Administration Proposes Revised Food Advertising Notification
The Thai Food and Drug Administration (“FDA”) has issued a draft notification on food advertising (B.E. ….) (the “Draft Notification”), which proposes a comprehensive modernization of Thailand’s food advertising regulations. The existing framework, governed by the FDA Notification on Food Advertising B.E. 2564 (2021) (the “2021 Notification”), has been in effect since 31 March 2021. The Draft Notification is currently open for public consultation until 16 April 2026.
This initiative seeks to address practical challenges that have arisen since the implementation of the 2021 Notification. Key issues include the framework’s limited adaptability to evolving digital marketing practices, shifting consumer expectations, and the emergence of new product categories such as hemp-, cannabis-, and kratom-based items. The proposed revisions aim to resolve ambiguities faced by businesses, particularly concerning advertising claims and sustainability-related communications, while strengthening protections against misleading advertisements.
The Draft Notification introduces targeted amendments across five principal areas to enhance regulatory clarity, close existing gaps, and provide greater operational flexibility without compromising consumer safeguards.
Introduction of Product-Specific Advertising Rules:
The Draft Notification establishes dedicated advertising standards for specific food categories that were not adequately addressed under the current regime. These include:
- Food supplements containing kratom; and
- Food products incorporating hemp seeds, hemp oil, hemp protein, cannabis, or cannabidiol (CBD).
These provisions are designed to ensure appropriate oversight of these sensitive and increasingly prevalent product categories.
Revision of Prohibited Claims (Annex 1):
Annex 1, which lists prohibited claims regarding the quality, benefits, or properties of food, has been substantially revised. The previous fixed list of prohibited expressions is replaced by a broader, principle-based standard. Prohibited claims are now defined as those that create exaggerated or misleading expectations concerning the quality, benefits, or properties of food.
Specific examples that remain expressly prohibited include:
- Terms such as “miraculous” or “extraordinary”;
- Claims implying a cure, guaranteed results, or the absence of side effects; and
- Statements suggesting endorsement or approval by the FDA.
The revised approach emphasizes the overall impression conveyed by the advertisement, enabling a more nuanced, case-by-case evaluation by regulators.
Expansion of Advertising Not Requiring Prior Approval (Annex 2):
The scope of advertising exempt from prior FDA approval has been broadened to better accommodate contemporary marketing practices. Permitted content now includes:
- Expanded use of descriptive expressions related to taste, texture, and sensory attributes; and
- Sustainability-related messaging, such as recycling symbols, carbon footprint indicators, and green certifications, provided they satisfy applicable conditions.
These updates facilitate more flexible communication while preserving safeguards against misleading practices.
Clarification of Advertising Requiring Prior Approval (Annex 3):
The Draft Notification provides clearer criteria for advertising that necessitate prior FDA approval, specifically claims relating to quality, benefits, or functional properties. Examples include:
- Functional claims (e.g., those concerning probiotics);
- “Free-from” claims (e.g., gluten-free); and
- References to FDA-related awards or quality marks.
This clarification is expected to reduce uncertainty and promote greater consistency in regulatory application.
Revision of Warning Requirements in Advertising (Annex 4):
The framework for mandatory warning statements in advertisements has been updated to focus on relevance to specific advertising media. Additional warning obligations have been introduced for products involving kratom, cannabis, and hemp. The revised wording aims to enhance clarity and consistency across different media formats.
Regulatory Position:
The core elements of the existing regulatory framework remain intact:
- Advertising concerning the quality, benefits, or properties of food continues to require prior FDA approval;
- No new criminal penalties are introduced;
- Non-compliance remains subject to penalties under the Food Act B.E. 2522 (1979); and
- Regulatory authorities retain broad discretion in assessing whether advertisements are misleading or non-compliant.
Key Takeaways:
The Draft Notification represents a significant modernization of Thailand’s food advertising regime. Principal changes include:
- Introduction of product-specific rules for emerging categories such as kratom-, hemp-, and cannabis-based products;
- Transition to a principle-based approach for evaluating misleading claims;
- Greater flexibility for descriptive and sustainability-related advertising;
- Enhanced guidance on claims requiring prior approval; and
- Updated warning requirements tailored to advertising media.
These amendments collectively promote a more structured, transparent, and market-responsive regulatory environment. As the Draft Notification remains subject to public consultation and has not yet been finalized, businesses are advised to monitor subsequent developments closely. It is recommended that affected entities evaluate the potential implications for their advertising strategies, internal review processes, and overall compliance frameworks.
Author: Panisa Suwanmatajarn, Managing Partner.
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