Consumers

Fake and illegal creams: what the label reveals

9 min read · Updated 27 Oct 2026

What a fake cream is under Thai law

A fake cream, in legal terms, is not only a copy of a famous brand's box. Section 29 of the Cosmetic Act B.E. 2558 (2015) deems a cosmetic counterfeit if it has any of these features:

1. its label gives a manufacturer, importer or place of manufacture that is not true;
2. an active ingredient is more than 20% below or above the notified amount or the amount on the label;
3. an artificial substance is used as the active ingredient, or the active ingredient notified or labelled is missing;
4. it is presented as a notified cosmetic when it is not.

Section 27 prohibits anyone from manufacturing, importing, contract-manufacturing or selling counterfeit cosmetics, so the ban covers shops and online sellers as well as makers. For consumers, points 1 and 4 can be checked directly on the label: the manufacturer or importer name, and a notification number that really exists. Points 2 and 3 need laboratory analysis.

Which creams are illegal in Thailand

Illegal creams are a wider group than fake creams. The Cosmetic Act sets two main groups of prohibitions.

No manufacture, import, contract manufacture or sale (section 27)

• Cosmetics unsafe for use, which section 28 says include those made or packed under unsanitary conditions, contaminated with harmful matter, or containing banned substances.
• Counterfeit and sub-standard cosmetics.
• Cosmetics banned by the Minister, and those whose notification receipt has been revoked.

No sale (section 32)

• Cosmetics that have not been notified.
• Cosmetics without a label, or with a label that does not comply, including one without Thai text.
• Cosmetics whose label has been ordered withdrawn.
• Cosmetics past the expiry date shown on the label.

Some products sold as creams are not cosmetics at all. The Thai FDA's notification criteria state that products to reduce weight, dissolve fat, change breast size or regrow hair are not cosmetics, and that claims to relieve or prevent disease make a product a drug or herbal product. Such a cream carrying a cosmetic notification number deserves questions.

Seven label checks that reveal an illegal cream

The Cosmetic Committee notification on cosmetic labelling B.E. 2562 (2019) sets what a cream sold in Thailand must show. Knowing what a correct label contains makes gaps easy to see.

1. Notification number, on the label and found in the Thai FDA database with details that match the product.
2. Manufacturer's name and address, or the Thai importer's with the manufacturer's name and country of manufacture. Without these, no one can be held responsible.
3. Thai text. Labels of cosmetics sold in Thailand must be in legible Thai; imported cosmetics may add the Thai label within 30 days of customs release but must have it before sale.
4. All ingredients, in descending order, not just "natural extracts".
5. Batch number and month and year of manufacture, plus expiry where required.
6. Type, directions and net quantity.
7. No Thai FDA logo frame. The Thai FDA's guide on searching cosmetic data explains that cosmetic labels do not carry the FDA logo, so claiming one is incorrect.

A Thai FDA leaflet on illegal and dangerous acne, melasma and whitening products advises plainly: if there is no place of manufacture or manufacturing date, do not buy, sell or use it. Step-by-step searching is in how to check a Thai cosmetic notification number, and label photos can be checked with the label checker.

Banned substances often found in melasma, acne and whitening creams

The main danger of illegal creams is substances banned in cosmetics. The Thai FDA leaflet names those often found in this group and their harms:

The list attached to the MOPH notification on substances banned in cosmetics B.E. 2566 (2023) still names all three as banned. Mercury and its compounds are tolerated only as trace contamination below a set limit, and hydroquinone has only the specific exception set out in the notification on substances that may be used.

You cannot see them

These substances are invisible in the cream itself. A Thai FDA statement on publishing test results for cosmetics with banned substances (2002) explains that confirmation requires laboratory analysis, and records that most acne and melasma creams without a manufacturer's name and address contained banned substances. The label is therefore the first screen a consumer can use. Look up label ingredients one by one in the substance search, and follow list changes in banned cosmetic ingredients in Thailand.

Label and advertising claims to be wary of

Clause 6 of the 2019 labelling notification bars label text, images or trademarks that are false or deceptive, suggest an ingredient that is absent or present in too small an amount to work, or exaggerate. Section 41 of the Act prohibits advertising that is false or exaggerated, claims to treat disease, or serves purposes outside a cosmetic.

• Claims beyond a cosmetic, such as permanent whitening, melasma gone for good, fat dissolving, breast enlargement or hair regrowth. Products aimed at such effects are not cosmetics under the Thai FDA criteria.
• Drug-like product names. The Thai FDA guideline on prohibited name words lists examples such as CURE, HEAL and MEDICATED; creams using names like these deserve a closer look.
• Claims of Thai FDA certification. Every notification receipt states it is issued to show the product has been notified, not to certify its quality.
• Unnaturally fast results, such as overnight change, a common hook for creams mixed with banned substances.

More on problem advertising is in how to spot exaggerated ads.

Repacked creams, unlabelled jars and home-mixed creams

Creams scooped into small jars for sale, jars with no label and a shop's own mixed creams deserve special care, because the Cosmetic Act defines "manufacture" to include making, mixing, preparing, repacking or changing the container. Repacking cream into new containers for sale is manufacturing, which requires notification and a correct label.

The law allows only a narrow lawful refill route. The Thai FDA guide on preparing refill stations says refilling is allowed only for two groups of notified cosmetics: liquid non-pressurised spray perfumes, and rinse-off cleansing products for skin, hair or scalp. The refill site must be notified, mixing or altering is prohibited, and refilled goods may not be remanufactured or resold. A face cream scooped into jars is not in these groups.

For small containers such as trial sizes, the labelling notification requires labels under 20 square centimetres to show at least the name, batch number, month and year of manufacture, expiry where required and the notification number. A small jar with none of these is not lawfully on sale.

What to do after a reaction or when you find a suspect cream

1. Stop using it. If you notice stinging, redness, rash or thinning skin, consult a doctor or pharmacist and bring the packaging.
2. Keep evidence. Photograph every side of the label and keep the box, receipt and the shop page or post where you bought it.
3. Search the notification number or trade name and compare the manufacturer or importer with the database record.
4. Report it. The Thai FDA leaflet gives the consumer hotline 1556; include product details and where you bought it.

Once a product is found to be illegal, the MOPH notification on recall, destruction and delivery of cosmetics B.E. 2563 (2020) lets officials order a recall, both for cosmetics that are not notified, unsafe, counterfeit or sub-standard, and for those with no label, an untrue label, no Thai label or past expiry. Buyers return goods to whoever sold them, and recall and destruction costs fall on the operators.

For shops and brand owners

The bans on fake and illegal creams do not apply only to makers. Sections 27 and 32 refer to "anyone" selling, and the Act defines "sell" to include distributing, giving or exchanging for trade and possessing for sale. Retailers, agents and online sellers should therefore check products before stocking them.

• Ask suppliers for the notification number and search it yourself against the product and manufacturer name.
• Check that the Thai label is complete under the 2019 notification before selling.
• Do not repack or change containers yourself, because that is manufacturing under the Act.
• Do not use advertising beyond what the label and evidence support.

Brand owners who want to confirm that a formula contains no banned substances, or need data to support claims, can see our testing and laboratory service.

Sources

1. Cosmetic Act B.E. 2558 (2015) · Open source · Search our archive
2. Cosmetic Committee notification on cosmetic labelling B.E. 2562 (2019) · Open source · Search our archive
3. MOPH notification on cosmetic notification, receipts, renewal, amendment and replacement B.E. 2561 (2018) · Open source · Search our archive
4. Cosmetic notification criteria (revised 2021) · Open source · Search our archive
5. Thai FDA guideline on words prohibited in trade and cosmetic names (revised 22 August 2025) · Open source · Search our archive
6. MOPH notification on substances banned in cosmetics B.E. 2566 (2023) · Open source · Search our archive
7. List attached to the MOPH notification on substances banned in cosmetics B.E. 2566 (2023) · Open source · Search our archive
8. Thai FDA leaflet on illegal and dangerous acne, melasma and whitening products · Open source · Search our archive
9. Thai FDA statement on publishing test results for cosmetics with banned substances · Open source · Search our archive
10. Searching cosmetic data (Thai FDA consumer guide) · Open source · Search our archive
11. Thai FDA operator guide to cosmetic refill station premises · Open source · Search our archive
12. MOPH notification on recall, destruction and delivery of cosmetics B.E. 2563 (2020) · 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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