Enacted in 1979 (B.E. 2522), the Consumer Protection Act establishes Thailand’s fundamental legal protections for consumers in the commercial marketplace. The law arose from the need to address information asymmetry, abusive contractual terms, and unsafe or deceptive goods and services in a rapidly industrializing economy.

Its objectives are:

• To ensure consumers are not misled by advertisements

• To mandate transparency in labeling and trade practices

• To regulate the fairness of standard contracts

• To provide institutional channels for administrative and legal redress

II. Regulatory Authorities

The Act establishes a layered regulatory framework:

1. Consumer Protection Board (CPB)

• Policy-making and high-level supervision body

• Chaired by the Prime Minister or appointed minister

• Approves regulations, investigates major cases, and can refer criminal complaints

2. Office of the Consumer Protection Board (OCPB)

• Operational agency handling complaint intake, investigation, and coordination

• Submits proposed ministerial regulations for approval

• Collaborates with police and prosecutors when violations involve criminal liability

3. Sectoral Subcommittees

• Handle specific subject matters: Advertising, Labels, and Contract Terms

• Authorized to issue ministerial notifications applicable to industry conduct

III. Key Regulatory Domains

1. Advertising Regulation

(Sections 22–31 of the Act)

• Prohibits false, exaggerated, or misleading claims

• Advertisements must not omit material facts or use technical jargon to confuse

• Comparative advertising must be verifiable and non-defamatory

• Administrative orders may compel retraction or correction

• Criminal liability for non-compliance includes fines and imprisonment

2. Labeling and Packaging

(Sections 32–39)

• Mandatory information on consumer goods includes:

  • Product name and category

  • Manufacturer/importer information

  • Instructions for use

  • Warnings and expiry dates

• Label must be in Thai, prominently displayed, and approved when necessary

• Applies particularly to food, pharmaceuticals, chemicals, and cosmetics

3. Contract Control

(Section 35 bis – quinquies)

• Applies to standard-form contracts used in asymmetrical business relationships (e.g., landlords, insurers, lenders)

• Contracts must be submitted for approval when subject to regulation

• Unfair clauses may be declared void if they create an excessive imbalance

• Mandatory contract clauses and prohibited provisions are issued via notifications

IV. Enforcement Mechanisms

V. Product Liability: A Parallel Legal Mechanism

Although separate from the Consumer Protection Act, the Product Liability Act B.E. 2551 (2008) enhances consumer protection by imposing non-fault-based liability on:

• Manufacturers

• Importers

• Trademark owners

• Sellers who cannot identify the producer

Claimants are not required to prove negligence—only defect and damage, including for personal injury and property loss.

VI. Procedural Avenues for Consumers

• Complaints may be lodged with the OCPB, sector-specific regulators, or provincial consumer boards

• Alternative Dispute Resolution (ADR) options such as mediation are increasingly utilized

• Cases involving broader public harm may be prosecuted ex officio

• Class actions are allowed under Thai law for certain consumer and securities-related claims, though relatively rare

VII. Penalties and Sanctions

VIII. Limitations and Practical Challenges

• Public awareness: Many consumers are unaware of formal protections or enforcement channels

• Enforcement bottlenecks: Delays in administrative processing and inter-agency coordination reduce deterrent impact

• Digital commerce: Current laws struggle with overseas platforms, influencer marketing, and data privacy issues

Efforts are underway to amend the Act to cover cross-border transactions and online marketplaces, but such reforms remain pending.

IX. Conclusion: A Structured Yet Evolving Regulatory Regime

Thailand’s Consumer Protection Act provides a multi-dimensional legal framework for safeguarding consumers against commercial abuse. While substantial protections exist across advertising, labeling, and contracting, effective enforcement depends on:

• Regulatory capacity

• Judicial accessibility

• Public participation

As consumer transactions increasingly move online and across borders, the Act’s traditional mechanisms are under pressure to modernize. Future reforms must address these gaps while reinforcing the legal rights of consumers as equal parties in the Thai economic system.