Educational Information Only
The content on this page is for general educational purposes and does not constitute legal advice. Every legal situation is unique. For matters involving investigation, arrest, litigation, or formal proceedings, consult a qualified legal professional.
Illegal Medicine Advertising in Thailand
Advertising medicines without approval, with false or exaggerated claims, or by prohibited methods.
Drug Act B.E. 2510 §88, Drug Act B.E. 2510 §88 bis, Drug Act B.E. 2510 §89, Drug Act B.E. 2510 §90, Drug Act B.E. 2510 §90 bis, Drug Act B.E. 2510 §124
A fine of up to THB 100,000 (section 124). Medicine advertising by radio, loudspeaker, television, film or print needs prior approval (section 88 bis), and false, exaggerated or prize/raffle-based medicine advertising is prohibited (sections 88–90); the FDA Secretary-General can also order the advertising stopped (section 90 bis).
moderate
Definition
Advertising medicines without approval, with false or exaggerated claims, or by prohibited methods. Under Thai law, this offence is classified as a moderate offence within the category of food-drug.
Legal Basis
Drug Act B.E. 2510 §88
Primary legislative provision for illegal medicine advertising offences.
Drug Act B.E. 2510 §88 bis
Primary legislative provision for illegal medicine advertising offences.
Drug Act B.E. 2510 §89
Primary legislative provision for illegal medicine advertising offences.
Drug Act B.E. 2510 §90
Primary legislative provision for illegal medicine advertising offences.
Drug Act B.E. 2510 §90 bis
Primary legislative provision for illegal medicine advertising offences.
Drug Act B.E. 2510 §124
Primary legislative provision for illegal medicine advertising offences.
Elements of the Offence
For a conviction, the prosecution must prove all of the following elements beyond reasonable doubt:
Advertising a medicine
Without the required approval, or using false/exaggerated claims or prohibited methods
Penalties
Maximum Penalty
A fine of up to THB 100,000 (section 124). Medicine advertising by radio, loudspeaker, television, film or print needs prior approval (section 88 bis), and false, exaggerated or prize/raffle-based medicine advertising is prohibited (sections 88–90); the FDA Secretary-General can also order the advertising stopped (section 90 bis).
Actual sentences depend on factors including the severity of the conduct, harm caused, prior convictions, and mitigating circumstances. Courts have discretion to impose lesser sentences within the statutory range.
Possible Defences
The following defences may be available depending on the circumstances:
The advertisement was approved and claims are within the registration
The product is not a 'medicine' subject to these controls
Note: The availability of defences depends on specific facts. Professional legal advice is essential.
For Foreigners
Special Considerations for Foreign Nationals
Online sellers and clinics that advertise medicines or strong health claims for supplements can be fined; the FDA can also order the advertising stopped.
When Legal Representation Matters
If you are accused of illegal medicine advertising or facing investigation, immediate legal representation is essential to protect your rights and build an effective defence.
Anglo Siam Legal provides experienced legal services across Thailand for both Thai nationals and foreigners.
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