Brand owners

Starting your own skincare brand: the legal checklist

10 min read · Updated 27 Oct 2026

What to know before you start a skincare brand in Thailand

You can start a skincare brand in Thailand in several ways: make products yourself, hire a factory, or import from abroad. Every route sits under one law, the Cosmetic Act B.E. 2558 (2015). It defines a cosmetic as something intended to be applied, rubbed, massaged or otherwise used on the external body to clean, beautify, change appearance, suppress body odour or keep it in good condition. An ordinary skin cream is therefore a cosmetic.

The core rule is that anyone who manufactures for sale, imports for sale or contract-manufactures cosmetics must notify the authority first, and may make or import only after the notification receipt is issued. Manufacturing or importing without notification carries imprisonment and fines. The checklist below follows the real order of work, from before formula development to after launch.

Everything here cites Thai FDA regulations and documents in our archive. It is general information, not a ruling on any specific product.

Starting a skincare brand: seven legal steps

1
Confirm it is a cosmetic
2
Choose a name that can be notified
3
Screen the formula
4
Make it, hire a factory, or import
5
Notify on JK.1 and keep product data
6
Label and sales copy
7
After-launch duties and renewal

Source: Cosmetic Act B.E. 2558 (2015) and related notifications

Step 1: confirm your cream is legally a cosmetic

New brands often start from the claims they want to make, yet those claims decide whether the product is a cosmetic at all. The Thai FDA's cosmetic notification criteria (revised 2021) use a five-point test, and failing any one means the product is not a cosmetic:

no banned substances, and permitted substances within legal limits;
applied to the external body, or the teeth and mouth;
a main purpose that fits the cosmetic definition;
no stated purpose of treating or preventing disease;
no lasting effect that restores or changes body function through pharmacological, immunological or metabolic action.

The criteria give examples of non-cosmetics: products to reduce weight, dissolve fat or remove cellulite, change breast size, regrow hair, brows or lashes, and products acting on the dermis. If a product idea depends on claims like these, rethink it before investing in formulas and packaging, because it cannot be notified as a cosmetic. Run a first check with the product classification tool.

Step 2: choose brand and product names that can be notified

Names are where brands invest first: logos, boxes and social pages. Check them before design. Clause 3 of the MOPH notification on cosmetic notification B.E. 2561 (2018) bars trade or product names that are boastful, impolite or misleading, or that conflict with Thai culture. A receipt obtained with a non-compliant name is deemed unlawful, and the Thai FDA may revoke it.

The Thai FDA guideline on words prohibited in trade and cosmetic names (revised 22 August 2025) sorts prohibited words into five categories:

words implying effects beyond a cosmetic, such as relieving or preventing disease or affecting body structure;
words referring to banned substances;
words implying aphrodisiac effects;
words that mislead on material facts;
impolite words or words that conflict with Thai culture.

The prohibited-word tables include CURE, HEAL, MEDICATED, HYPOALLERGENIC, SAFE, HAIR GROWTH, STOP HAIR FALL and BREAST ENLARGEMENT. The notification criteria add that a registered trademark is no exception, so a name chosen purely for marketing can block notification.

Step 3: screen the formula against the substance lists

Section 6 of the Cosmetic Act empowers the Minister to list banned substances, and the names, amounts and conditions of substances that may be used. A brand's cream formula must pass both.

Banned substances. The MOPH notification on substances banned in cosmetics B.E. 2566 (2023) merged all earlier lists into one, and further amendments have followed. Always check the latest version.
Restricted substances. Preservatives, UV filters, colourants and other controlled substances must stay within the set amounts and product types; some require label warnings.
Ingredient names. Use INCI names in formula records and on the label.

This matters even when a factory develops the formula, because the Act deems a cosmetic containing a banned substance unsafe for use and prohibits anyone from making, importing or selling it. Screen a whole formula with the formula checker and follow list changes in banned cosmetic ingredients in Thailand.

Step 4: make it yourself, hire a factory, or import

The law recognises three notifier roles: manufacturer for sale, contract manufacturer and importer for sale. Your route decides who notifies and what the brand owner must prepare.

Making it at your own site

The applicant needs a manufacturing site that meets Annex A of the MOPH notification on criteria for manufacturing or importing cosmetics B.E. 2561 (2018): at least two separate rooms, separation from living quarters, a permanent sign, a master formula, batch records and a recall system. See what is GMP.

Hiring a factory (OEM)

The factory files and receives a contract manufacturing receipt on form JR.1, which names the hiring party. The brand owner needs no site of its own but must choose a compliant factory and agree clear terms on the formula, label and care of the receipt. See contract cream manufacturing.

Importing

A Thai importer is the notifier, with import and storage sites separate from living quarters and signed, and an authorisation from the brand owner or manufacturer. See import cosmetics into Thailand.

Three ways to produce your own cream

RouteWho notifiesWhat the brand owner prepares

Own manufactureThe brand owner (JP.1)An Annex A manufacturing site and production records

Contract manufacture (OEM)The factory (JR.1), brand named as hiring partyA compliant factory and a manufacturing contract

ImportA Thai importer (JN.1)Import and storage sites, brand owner authorisation

Source: MOPH notification on cosmetic notification B.E. 2561 · notification on manufacturing or import criteria B.E. 2561

Step 5: notify before you produce

When the product, name, formula and site are ready, the notifier files form JK.1 before manufacture or import. The 2018 notification sets out that:

an individual applicant must be a Thai national aged at least 20, and a company must be registered in Thailand;
filing is at the Thai FDA, the provincial public health office where the business is located, or through the Thai FDA online system;
the scheduled documents must be attached, such as site documents, a company certificate issued within six months and, for contract manufacture, the manufacturing contract.

Product information to keep

Beyond the filing, the MOPH notification on keeping cosmetic data for inspection B.E. 2560 (2017) requires manufacturers, importers and contract manufacturers to keep records at the manufacturing or import site, including:

a copy of the receipt, with proof of ownership or the manufacturing contract;
the formula in INCI names, with each ingredient's function and percentage by weight;
the label, the manufacturing process and the batch numbering system;
a summary of adverse reactions, if any, and an assessment supporting the product's claims;
raw material specifications, SDS, the master formula and the finished product specification.

When officers request more information, it must be delivered within the time the notification sets, so claim support is best prepared when sales copy is written. Full filing steps are in how to notify cosmetics with the Thai FDA.

Step 6: get the label and sales copy right

Clause 1 of the Cosmetic Committee notification on cosmetic labelling B.E. 2562 (2019) lists what a cream sold in Thailand must show:

the cosmetic name and trade name, larger than other text;
the type of cosmetic;
all ingredients in descending order (colourants and ingredients under 1% need not be ordered but follow those above 1%);
directions, and the manufacturer's name and address, or the importer's with the manufacturer's name and country of manufacture;
net quantity, batch number and month and year of manufacture;
month and year of expiry where shelf life is under 30 months or the product is in the attached list;
warnings where applicable, and the notification number.

The label must be legible and in Thai, and clause 6 prohibits text, images or trademarks that are false, deceptive, exaggerated, or suggest an ingredient that is not there.

Advertising

Section 41 of the Act prohibits advertising that is false or exaggerated, misleads on material facts, claims to treat disease or serves purposes outside a cosmetic, or implies aphrodisiac effects. Copy on your pages, live streams and brand-produced reviews must stay within the same limits as the label. Check drafts with the label checker and see Thai cosmetic labelling requirements.

Step 7: duties after launch

The receipt is a start, not an end. The Act and related notifications set continuing duties for the notifier, and brand owners should follow them even when the factory notifies.

Make it as notified (section 26). Before changing the formula, name or container, check whether it still matches the notification or needs an amendment.
Report adverse reactions under the Minister's rules, and keep records available for inspection.
Renew. The receipt is valid for three years from issue; file form JK.2 within 180 days before expiry.
Recalls. The MOPH notification on recall, destruction and delivery of cosmetics B.E. 2563 (2020) requires non-compliant products, such as those not made as notified, wrongly labelled or expired, to be recalled on official order, at the operators' cost.

If the notifier breaks the rules or does not make the product as notified, the authority may order suspension or correction and may revoke the receipt, so the impact on a brand reaches well beyond a single batch.

How much does it cost to start a skincare brand?

Cost is one of the most searched questions on this topic, but it has no single answer, because it depends on several decisions in the checklist above. This section explains only what makes costs differ.

Number of products. Receipts are issued per product; more formulas or product types mean more notification, labelling and product information work.
Production route. Making products yourself requires a site that meets Annex A; hiring a factory uses the factory's site, with volumes and terms agreed in the contract.
Formula development and testing. New formulas, claims that need evidence and any tests you choose affect both budget and time.
Packaging and labels. Reprinting after a name or label problem is an avoidable cost if names and labels are checked first.
Importing. Extra documents from the brand owner and foreign manufacturer must be prepared.

How ready the operator's own documents and site are has the biggest effect on both cost and timing. Our consultants set out the costs and timing of each project in a quotation; see the product development and OEM service and the registration and notification service.

Frequently asked questions

Do I need my own factory to start a skincare brand?

No. You can hire a factory that meets the site criteria. The factory files the notification and receives a contract manufacturing receipt on form JR.1, which names your brand as the hiring party.

If my trademark is registered, can I use it as the product name?

Not always. The Thai FDA notification criteria say names implying a drug or effects beyond a cosmetic cannot be used, and a registered trademark is no exception.

Can I sell before the notification receipt is issued?

No. The Cosmetic Act allows manufacture or import only after the receipt is issued, and section 32 prohibits selling cosmetics that have not been notified.

Can a cream claiming fat reduction or breast enlargement be notified?

No. The notification criteria list products for weight reduction, fat dissolving and changing breast size as examples of non-cosmetics.

How long is a notification receipt valid?

Three years from issue. Renew on form JK.2 within 180 days before expiry.

Sources

Cosmetic Act B.E. 2558 (2015) · Open source · Search our archive
Cosmetic notification criteria (revised 2021) · Open source · Search our archive
MOPH notification on cosmetic notification, receipts, renewal, amendment and replacement B.E. 2561 (2018) · Open source · Search our archive
Thai FDA guideline on words prohibited in trade and cosmetic names (revised 22 August 2025) · Open source · Search our archive
MOPH notification on substances banned in cosmetics B.E. 2566 (2023) · Open source · Search our archive
MOPH notification on criteria, methods and conditions for manufacturing or importing cosmetics B.E. 2561 (2018) · Open source · Search our archive
MOPH notification on rules for manufacturers, importers and contract manufacturers to keep cosmetic data for inspection B.E. 2560 (2017) · Open source · Search our archive
Cosmetic Committee notification on cosmetic labelling B.E. 2562 (2019) · Open source · Search our archive
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.