the government to protect consumers against defective products, as
well as false or misleading advertising.
10.2.1 The Food Act
The Food Act, B.E. 2522 (1979) (the “Food Act”) imposes various
requirements, restrictions or prohibitions on manufacturers, importers
and sellers of food products. Apart from regulatory requirements
regarding product approval (e.g. the requirement to obtain a food
manufacture/import/product license for certain types of food, etc.), the
Food Act also addresses certain issues that relate to product liability.
The requirements, restrictions and prohibitions under the Food Act
cover matters including the types and amounts of ingredients which
may be used in foods, the labeling of the foods, the manufacture,
importation or distribution of impure or adulterated food, as well as
food that do not comply with standards stipulated by the Thai Food
and Drug Administration (FDA).
The Food Act also seeks to control the advertising of foods. In this
respect, food advertisements cannot contain false or deceptive
statements in relation to the benefits, qualities or properties of the
food. Additionally, any person wishing to advertise foods for
commercial purposes must first submit the advertising materials for
the FDA’s review and approval, and obtain a license from the FDA,
prior to being able to use and release the advertisement to the general
public. However, in practice, the FDA may have specific requirements
for certain types of foods which may not be outlined under the Food
Act.
Those that fail to comply with the requirements, restrictions and
prohibitions under the Food Act may be subject to fines and/or
imprisonment.
10.2.2 The Drug Act
Under the Drug Act, B.E. 2510 (1967) (the “Drug Act”),
manufacturers, importers or sellers of drugs are required to follow the
requirements regarding labels and package inserts.