The Committee on Labeling is primarily concerned with ensuring that
information necessary to protect the health of consumers is included
on labels and that labels do not contain misleading information.
Generally, all goods produced for sale by factories covered by the
Factories Act and goods imported for sale in Thailand are subject to
labeling control. If a label does not conform to the requirements of the
Act, the Committee on Labeling may issue an order for it to be
discontinued or modified.
The Committee on Contracts is empowered to declare any business,
for which contracts are either required by law to be made in writing or
are customarily made in writing, to be a controlled business. A
controlled business must not use a contract for its business that
contains any terms creating an unreasonable advantage over
consumers or that are unfair to consumers. Certain businesses, e.g.
those relating to credit cards, car hire purchasing, and condominium
unit sales, have been declared controlled businesses by the Committee
on Contracts.
10.2.6 The Hazardous Substance Act
Under the Hazardous Substance Act, B.E. 2535 (1992) (the
“Hazardous Substance Act”), a hazardous substance means any of
the following substances: explosives, flammable substances, oxidizing
agents and peroxides, toxic substances, infectious substances,
radioactive substances, mutant causing substances (mutagens),
corrosive substances, irritating substances and other substances which
may be harmful to humans, animals, plants, properties, or the
environment.
Besides regulatory requirements in relation to product approval, the
Hazardous Substance Act imposes various requirements, restrictions
and prohibitions on manufacturers, importers, carriers, sellers and
persons in possession of hazardous substances and also addresses
issues regarding duties and liabilities of such persons. Those failing to
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comply with the requirements, restrictions and prohibitions may be
subject to fines and/or imprisonment.
10.2.7 The Industrial Product Standards Act
Under the Industrial Product Standards Act, B.E. 2535 (1992) (the
“Industrial Product Standards Act”), “standard” refers, among
other things, to the shape, endurance and safety of, and the method of
manufacturing, designing and packaging for, a product. Standards
prescribed under the Industrial Product Standards Act can be
compulsory or voluntary.
The Ministry of Industry may issue a Notification prescribing
industrial standards for any industrial product with which
manufacturers or importers may voluntarily comply for the promotion
of the industry. Any manufacturer or importer who wishes to comply
with the standards must obtain a license from the Ministry of Industry.
Once the license is granted, the products of the manufacturer or
importer can bear the industrial standards logo.
The Ministry of Industry may also, by way of a Royal Decree,
prescribe compulsory industrial standards for any industrial product,
either manufactured in, or imported into, Thailand. Compulsory
industrial standards are issued to ensure the safety of, or prevent harm
to, the public, the industry, or the economy. Once any product
becomes subject to a compulsory industrial standard, it cannot be
manufactured or imported unless the appropriate license is obtained
from the Ministry of Industry. Once a license is obtained,
manufacturers or importers must display the industrial standards logo
on their products.
A licensed manufacturer is prohibited from using the standards logo
on products that do not conform to the industrial standards prescribed
by law. In addition, a licensed manufacturer is prohibited from
advertising or selling a product known to violate standards defined by
law.
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In the event of a violation, the Ministry of Industry is empowered by
the Act to revoke or suspend the license of the manufacturer or
importer.
10.2.8 Food and Drug Administration (FDA) Scheme
The Healthcare Products Complaints and Law Enforcement Center, an
organization under the FDA, has announced a plan to obtain
information regarding complaints from consumers. The sources of this
information will not only come from consumers who are affected by
the manufacturing, importation or sale of healthcare products, but also
from those who are affected by false advertisements from various
media outlets including television, radio, printed materials and the
internet. The information obtained will be analyzed and forwarded to
the responsible regulatory agencies to perform investigations and
pursue legal action accordingly.
In some cases, cash rewards are provided to consumers who assist in
targeting business operators who violate controlling statutes.
According to the FDA, the scheme is intended to help ensnare
business operators (who undertake food, drugs, cosmetics, medical
devices, and chemicals businesses) who publish false advertising
claims or who sell low-quality products that adversely affect the
health of consumers. Consumers filing complaints may be entitled to a
part of the amount of court fines levied against the business operator,
if such business operator is found liable.