Cosmetic control in Thailand has been regulated under the Cosmetic Act B.E. 2535 (1992) (“Cosmetic Act 1992”) and has remained unchanged for more than 20 years. Certain provisions of the Cosmetic Act 1992 were, therefore, not in line with the current situation in the region. Thailand, as a member of Association of Southeast Asian Nations (“ASEAN”) entered into the Agreement on the ASEAN Harmonized Cosmetic Regulatory Scheme (“AHCRs”) on 2 September 2003, and is therefore required to amend the provisions on its current laws on cosmetic control in order to comply with the AHCRs. On 8 September 2015, the amended Act was enacted as the Cosmetic Act B.E. 2558 (2015) (“Cosmetic Act 2015”) and published in the Royal Thai Government Gazette and entered into force on 9 September 2015. The material changes of Cosmetic Act 2015 are illustrated in the below table:
|Issue||Cosmetic Act 1992||Cosmetic Act 2015|
|Definition of “Cosmetic”||The definition of the “Cosmetic” does not include the treatments designed for using with teeth and oral mucosa.||The definition of the “Cosmetic” is expanded to include (a) treatments designed for using with teeth and oral mucosa; and (b) the use of treatment for purposes of change to an appearance, or deodorization or protection of any part of the body.|
|Government Fee||The manufacturer and the importer are required to pay an annual Government fee of THB 1,000 and THB 2,000, respectively. There is no Government fee for each product license.||There is no requirement for the payment of an annual Government fee imposed on the manufacturer or the importer. However, they are subject to the Government fee at the maximum of THB 5,000 for each product license.|
|Validity of Product License||There is no expiry date of the product license.||The product license is valid for 3 years and renewable by paying of the renewal fee at THB 5,000, at the maximum.|
|Advertisement||There is no provision on the advertisement control under the Cosmetic Act 1992. Thus, the provisions of the Consumer Protection Act are similarly applicable to the cosmetic advertisement.||The provisions on the cosmetic advertisement are incorporated in the Cosmetic Act 2015. Such provisions are almost the same as stipulated in the Consumer Protection Act. However, the following statements are additional to the statements that are unfair to consumers or may cause adverse effect to the society as a whole as stipulated in the Consumer Protection Act as:|
(i) a description of the cosmetic product quality as a therapeutics or not being used as a cosmetic; and
(ii) a statement which is led to misapprehend of the product quality as a sexual problems treatment.
|Revocation of the Product License by Authority||The authority is not empowered to revoke the product license in case the manufacturer or the importer fails to manufacture and import cosmetics as registered with the authority. However, the wrongdoer is|
subject to an imprisonment not exceeding 3 months with a fine not exceeding THB 20,000.
|The authority has a power to revoke the product license should the manufacturer or the importer manufacture or import cosmetics which is different from the registration. The manufacturer and the importer shall also be subject to a fine not exceeding THB 20,000. There is no criminal liability under the Cosmetic Act 2015.|
The ministerial regulations shall be further enacted to support the enforcement of the Cosmetic Act 2015. We must careful and closely monitor the further rules to be enforced.
We trust the above is of assistance to you.
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