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Brand owners
Food advertising permits under Thailand’s 2026 rules: what needs a permit and what does not
What a Thai food advertising permit is, and what changed in 2026
A Thai food advertising permit is the document the Thai Food and Drug Administration (Thai FDA) issues after it has checked an advertisement that talks about the benefits, quality or properties of a food. The legal basis is section 41 of the Food Act B.E. 2522 (1979): anyone who wants to advertise the benefits, quality or properties of a food for commercial purposes, by radio, television, film, newspaper, print or any other means, must first submit the sound, images or text for review, and may advertise only after permission is granted.
The detail of which ads need a permit, which do not, and which wording is prohibited sits in the Thai FDA Notification on food advertising criteria B.E. 2569 (2026). It was signed on 13 July 2026, published in the Royal Gazette on 27 July 2026 and took effect the following day, replacing the 2021 criteria. Advertising permits issued before the new notification remain valid until they expire (clause 13).
This guide reads the 2026 notification from a brand owner’s point of view: how to decide whether a piece of content needs a permit, what wording is off limits, which forms to file, the conditions attached to a permit, and the extra rules for certain food types.
A simple starting rule
If an ad talks about what a food does, how good it is, or what benefit it brings, assume it needs a permit, then check whether it fits an exemption in clause 6. Starting from the opposite assumption is how content with an implied benefit claim slips out unlicensed.
Ads that need a permit before publication
Clause 7 of the 2026 notification lists the advertising that must be filed for permission first:
- Benefits, quality or properties that appear on a permitted label. Even wording already accepted on the label needs a separate advertising permit when used in an ad. A claim that goes beyond the permitted label must first be assessed and the label permitted.
- Nutrition claims, or using the nutrient content of a food to promote sales, which must follow the Ministry of Public Health notifications on nutrition labelling.
- Health claims, which must follow the Ministry notification on health claims on food labels.
- Clause 6 content that shows a benefit, quality or property. A format that is normally exempt becomes permit-only once a benefit claim is added.
- Any other advertising outside clause 6.
Clause 7 also allows permitted ads to use the wording in Schedule 3 of the notification, under the conditions that schedule sets.
Where a label ends and an ad begins
Clause 11 says a legally required label is not advertising, unless an image of the label or its text is published through a medium. The food division’s guidance on conditional permits gives examples: a food name or label image carrying a nutrition or health claim, or words such as “plus”, “fresh”, “natural” or “genuine”, makes the content permit-only, even if the rest is just a promotion.
Formats that are easy to forget
Thai FDA guidance on supervising food advertising counts press interviews, live programmes, advertorials and unbranded content that links to a product’s commercial benefit as advertising within the permit requirement. Brands working with reviewers or news pages should count these as ads from the planning stage.
Food ads that need no permit: clause 6 and Schedule 2
Clause 6 lists three kinds of advertising that may run without prior permission:
- Academic information with no commercial purpose and no link that makes it read as an ad for a particular food. It must be complete, accurate and supported by reliable references, for example showing advantages, disadvantages and precautions.
- Corporate image advertising for a company or business.
- Factual statements about a food using only the wording in Schedule 2, one or several items, under the conditions given.
Schedule 2 has 31 entries, each with the wording, the supporting evidence and the conditions. Examples brand owners use often:
- Sales promotions such as discounts, giveaways and prize draws, stated accurately and in line with the Consumer Protection Act.
- Price and quantity, and where and when the product is sold.
- Value comparisons such as “more for the same price”, without comparing against other companies’ products.
- Certification marks such as Halal, Kosher or Thai Industrial Standard, backed by a certificate that has not expired.
- Awards, backed by a confirmation letter, stating the year, and described consistently with what the award was for.
- A production site certified to GMP, GHPs or HACCP, with a valid certificate, and without using the Thai FDA logo.
- “No preservatives” or “no synthetic colours”, only when the substance is absent from both the formula and the raw materials, with a 100% formula as evidence.
- “New”, “new formula” or “new look”, only for products on sale for no more than one year.
- “Number one in sales” needs a survey from a recognised body and the year; “sold worldwide” needs evidence of sales in at least 15 countries on 3 continents.
- Taste and texture words such as delicious, crispy or soft, and the statement that the product holds a Thai FDA food serial number, with evidence.
Watch out: the last paragraph of clause 6 says that if exempt content also carries any benefit, quality or property claim, the whole piece must be filed, with supporting evidence for every claim in it.
Source: Thai FDA Notification on food advertising criteria B.E. 2569, Schedule 2
Prohibited wording in food ads (clauses 4 and 5)
Prohibited wording applies to every food ad, whether or not it needs a permit.
Clause 4: wording unfair to consumers
Seven types, including references to things that do not exist, misleading directions for consumption, content that causes social division, encouragement of illegal acts, behaviour that could be dangerous if copied, endorsement by medical professionals, and comparisons that disparage other products.
Clause 5: false or deceptive claims
Eight types of wording that may breach section 40:
- false or exaggerated statements;
- wording implying the food can relieve, cure or prevent a disease, illness or its symptoms, which is not acceptable for any food;
- wording implying changes to body structure, organ function or body systems;
- wording about sexual performance;
- wording about skin nourishment or beauty;
- wording about weight loss, except for permitted weight-control foods;
- wording about body shaping, fat trapping or similar;
- citing studies or statistics that have not passed Thai FDA health-claim assessment.
Schedule 1 collects examples of prohibited wording, including English terms common in online ads such as “Before After”, “Weight Loss”, “Slim” and “Detox”. If your marketing team uses foreign words to avoid Thai ones, check them against this schedule.
For the consumer side, see spotting exaggerated ads.
Applying for food advertising permission: steps and forms
Clause 8 groups media into three kinds: print or other image-only media; radio or other sound-only media; and television, film, video or other media with both images and sound.
Application form Khor Or 1
- One application covers one kind of medium only, matching the media listed in the form.
- Enter the food serial number, the Thai food name and any trademark exactly as permitted. Foods without a serial number leave that field empty.
Attachment form Khor Or 3
- Image-only media: real photographs with legible text, or a sharp mock-up in the intended format with a description.
- Sound-only media: the script to be spoken with sound effects or atmosphere, or a dialogue showing who says what.
- Image and sound: a storyboard describing visuals, graphics, effects, sound and music, with enough scenes to follow the content.
Evidence must match the claims. A notice from the food division’s advertising group says that from 1 December 2025, e-Submission filings no longer need the food label attached, but any label visible in the ad must be legible, except in sound-only media. Instead, file the 100% formula if the ad mentions the formula, the full nutrient analysis report for nutrient claims, trademark evidence when a mark is shown, and a Certificate of Analysis for claims about an extract’s key substance.
Where to file
The Thai FDA food product permit guide says nationwide ads are filed with the Thai FDA through e-Submission, while ads limited to one province may be filed with that provincial health office, except television and internet ads.
Conditional, self-assessed routes
Food division guidance describes two routes where the applicant self-assesses and the system issues the permit number: re-using an earlier ad whose permit has expired, with product, content and medium unchanged; and a fixed format for content that needs a permit only because of the food name or label image, while the rest is limited to promotions, price, quantity, place, timing or the word “new”. Any other wording takes the content out of this route.
- 1Classify the contentCheck whether it fits clause 6 or needs a permit under clause 7
- 2Check the wordingRemove anything covered by clauses 4 and 5 and Schedule 1
- 3Prepare Khor Or 1 and Khor Or 3One application per kind of medium, with evidence for each claim
- 4File the applicationNationwide via e-Submission; one province at the provincial health office, except TV and internet
- 5Publish as permittedWord for word, with the permit number, for up to five years
Source: Thai FDA Notification on food advertising criteria B.E. 2569, clauses 6–8 · Thai FDA guide to food product permits
Conditions after you receive a permit
Clause 8(3) sets the conditions:
- produce the ad exactly as in the attachment, removing struck-out text or adding required text;
- the wording must be complete as permitted; if the ad differs, is incomplete or loses a part, the whole ad is treated as unpermitted;
- show the advertising permit number in the permitted medium;
- the permit is valid for no more than five years from the date of permission.
The food product permit guide adds that advertising permits cannot be renewed; a new application is needed after expiry. An unchanged ad may use the route for re-using an earlier ad.
General rules in clause 9
- The advertised food must comply with the law on quality standards, formula, food additives and labelling, and contain no prohibited substances.
- The ad may use a short name if it is clear which food is meant, but a partial name must not mislead about benefits, quality or essential features.
- Warnings must match the label or Schedule 4.
- In image-only media, warning text must be at least 1/25 of the height of the advertising area; in sound-only media it must be clearly audible; in image-and-sound media it may be spoken or shown as a SUPER for at least five seconds, or as suits the length of the ad.
Under clause 12, the permit may be cancelled if the product’s manufacturing licence, import licence or registration is cancelled.
Extra rules for certain food types
Clause 10 adds rules for specific foods:
| Food type | Key rule |
|---|---|
| Infant food, follow-on formula labelled for 6–12 months, and complementary food for infants | No advertising |
| Complementary food for young children | Models aged 12 months to 3 years |
| Cow’s milk and jelly snacks | Models older than 3 years |
| Dietary supplements | Models aged 15 or older, not pregnant |
| Products containing kratom | Not aimed at people under 18 |
| Products containing cannabis or hemp | Not aimed at people under 20 |
Supplement brands should check models and any label shown in the ad, because supplement labels already carry mandatory warnings and limits on medicine-like claims. See Thai dietary supplement labels.
Promotions and free gifts to avoid
The conditional-permit guidance gives examples of bundle names that are not allowed, such as “clear skin set”, “appetite control set” or “immunity booster set”, and gifts that are not allowed, such as waist tape measures, scales, blood pressure monitors and acne patches, because they imply a benefit even without a direct claim.
Penalties, and a pre-publication checklist
The Food Act has several layers of enforcement:
- Section 42 lets the licensing authority order in writing that ads breaching section 41 be stopped, and that production, import, sale or advertising stop for a food the committee finds lacks the advertised benefit, quality or property.
- False or deceptive advertising under section 40 carries imprisonment of up to three years or a fine under section 70. Advertising without a permit under section 41 carries a fine.
- The 2024 Thai FDA regulation on food serial numbers lists false advertising among the grounds for cancelling a food serial number.
For a brand, the heaviest consequence may be losing the serial number of a product already on sale.
Checklist before you publish
- Does the content mention benefits, quality or properties? If yes, is it permitted?
- If you think no permit is needed, is every statement in Schedule 2, with the required evidence?
- Does a label image or the food name in the ad carry a claim?
- No wording from clauses 4 and 5 or Schedule 1.
- Models meet clause 10 for that food type.
- Permitted content matches the attachment word for word, shows the permit number and is within five years.
- Warnings meet the size or display duration in clause 9.
Screen wording for free with the RA Advisor, see our advertising permit service, or contact our team. Costs and lead times for each job are given in our quotation.
Frequently asked questions
Does a post showing only price and a promotion need a food advertising permit?
No, if it uses only Schedule 2 wording such as price, quantity, discounts or giveaways and carries no benefit claim, including through a label image or food name. If any benefit claim is added, the whole piece needs a permit.
How long is a Thai food advertising permit valid?
No more than five years from the date of permission. It cannot be renewed; a new application is needed after expiry.
Are permits issued under the 2021 criteria still valid?
Yes, until they expire, under clause 13 of the 2026 notification.
Can a food ad use “Slim” or before-and-after images?
No. Schedule 1 gives these as examples of prohibited wording because they imply weight loss or changes to the body.
What are the model rules for dietary supplement ads?
Models must be 15 or older and not pregnant, under clause 10 of the 2026 notification.
Where do I apply?
Nationwide ads are filed with the Thai FDA through e-Submission. Ads limited to one province may be filed with the provincial health office, except television and internet ads.
Sources
- Thai FDA Notification on food advertising criteria B.E. 2569 (2026) · Open source · Search our archive
- Food Act B.E. 2522 (1979), Chapter 5: registration and advertising of food · Open source · Search our archive
- Food Act B.E. 2522 (1979), Chapter 8: penalties · Open source · Search our archive
- Thai FDA notice: food advertising applications via e-Submission without the food label · Open source · Search our archive
- Thai FDA guidance: conditional food advertising permits via e-Submission · Open source · Search our archive
- Thai FDA guidance on supervising food product advertising · Open source · Search our archive
- Thai FDA guide to food product permits · Open source · Search our archive
- Thai FDA Regulation on food serial numbers B.E. 2567 (2024) · Open source · Search our archive
This article is for general information. It is not a Thai FDA ruling or legal advice, and rules change — check the latest notification or ask an expert before filing or producing.
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