March 9, 2023
After decades of enforcing regulations governing advertisement in general, the Committee on Advertisement under the Consumer Protection Act, B.E. 2522 (1979) (as amended) (the “CPA”) repealed and replaced the notifications concerning puffery (statements of exaggeration) and guidelines for proof under the CPA, and issued a new regulation with enforcement starting on 14 January 2023, namely the Notification of the Committee on Advertisement Re: Guidelines on Use of Advertising Statements with Confirmation of Difficult-to-Prove Facts and Guidelines on Proof of Facts Concerning Advertising Statements, B.E. 2565 (2022) dated 2 September 2022 (“New Notification on Advertisement”). Major points and requirements of the New Notification on Advertisement can be summarized as follows: DOs DON’Ts Language. Significant information in the Thai language is mandatory and must be clearly seen, heard, or read, especially for digital advertising. Sizing. Minimum font size of two millimeters for printed media, wording in commercial video and signboards is subject to specified ratio. Color. Contrasting color of text and background. Timing. Key supplementary statements must be superscripted and last at least five seconds. Warranty. Warrantor, warranty period, scope, steps, and conditions must be fully stated. Certification. Evidentiary documents must be in place for examination when using a claim relying on certification, whether by laboratory or other institutions, in Thailand or abroad. Use misleading statements. Use speed and rhythm that are difficult to be clearly heard. Claim specifications which are contradictory to the actual product or service offered to consumer. Disclaim in a manner that puts consumers in a position of disadvantage. Persuade by relying on individual belief or inducing those in distress or in need of consolation. Use certain...