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A new notification on required labeling and packaging for alcoholic beverages was published in Thailand’s Government Gazette on November 8, 2024, taking full effect the following day.

The notification (Notification of the Alcoholic Beverage Control Committee Re: Criteria, Methods, and Conditions for Packaging of Alcoholic Beverages and Warning Statements of Alcoholic Beverages Both Produced Domestically and Imported into Thailand 2024) essentially reaffirms a mandatory requirement for packaging and warning statements for alcoholic beverages, which echoes existing regulations from 2009 and 2017.

Under the authority of the Alcoholic Beverage Control Act B.E. 2551 (2008) (ABCA), the notification reinforces the Alcoholic Beverage Control Committee’s objective of promoting consumer awareness through standardized warning labels.

The notification addresses the following key aspects:

  • Packaging definitions. The notification defines packing-related terms for the first time under the ABCA. These terms include (1) packaging, (2) containers (also known as primary packaging), and (3) outer packaging (secondary packaging).
  • Packaging requirements. Containers for alcoholic beverages produced or imported for sale in Thailand must be at least 0.175 liters each.
  • Warning statements. Although alcoholic beverages are classified as food under the Food Act B.E. 2522 (1979), the notification exempts alcoholic beverages from general food labeling requirements prescribed in the Food Act. Instead, it mandates that the following warning statements be prominently displayed:
    • Sale of liquor to persons under 20 years old is prohibited;
    • Drinking reduces driving ability; and
    • Not suitable for persons under 20 years old.
  • Format. The notification specifies that these warning statements must be written in Thai, in bold characters, with a minimum type size of five millimeters. The warning must be enclosed in a box that contrasts with the label background and surrounding content.
  • Exemptions. Certain products, such as alcoholic beverages imported as samples or otherwise not intended for commercial sale, are exempt from the warning statement requirements.

The notification consolidates and reinforces Thailand’s alcohol packaging standards, maintaining an emphasis on consumer protection and awareness by ensuring that important information is clearly and consistently displayed on all alcoholic beverage packaging. It formally grants the Alcoholic Beverage Control Committee the authority to oversee and enforce warning statements in alcoholic beverage labeling.

With no major changes to existing regulations, the notification came into effect swiftly, without granting any grace periods.

For more details on this notification or on any aspect of Thailand’s laws and regulations on alcoholic beverages, please contact Dr. Atthachai Homhuan at atthachai.h@tilleke.com and Chanya Veawab at chanya.v@tilleke.com.

WRITTEN BY

Tilleke & Gibbins
For further information, please contact:

Atthachai Homhuan – Director, Regulatory Affairs, Tilleke & Gibbins
atthachai.h@tilleke.com

Dr. Atthachai Homhuan is the director of the regulatory affairs department at Tilleke & Gibbins. Atthachai assists chemical, life sciences, pharmaceutical, and biotechnology companies with regard to the preparation and submission of the healthcare product dossiers for registration, including biological products and vaccines, biosimilar products, new chemical entities, medical devices, food and herbal products, cannabis and hemp, cosmetics, and household chemicals. He assists international companies in developing market entry strategies for countries in Southeast Asia. His broad experience allows him to evaluate the feasibility of product registrations, conduct pharmaceutical and medical device plant audits/due diligence, and coordinate pre-clinical and clinical trials in accordance with international guidelines and standards. Atthachai also reviews healthcare product labeling/claims/advertisements for food products, cosmetics, medical devices, cannabis and hemp, and drug products in Thailand and other Southeast Asian countries.

In addition, he also assists the life sciences industry to draft and review their patent claims and specifications. He advises patent agents on amending claims and providing responses to office actions. Atthachai frequently drafts counterstatements against opposing parties in trademark and patent applications. His practice also includes advising on pre-litigation and litigation matters involving the life sciences, medical devices, and pharmaceuticals. He has presented before the IP&IT Court as a witness in chemistry and life sciences patent litigation.

Prior to joining the firm, Atthachai was a postdoctoral researcher in Japan and Taiwan, focusing on stem cell therapies and vaccine development. He applied his technical expertise to the industry when he became a project manager for a Thai vaccine manufacturing company, where he led the firm’s R&D efforts. His industry background also includes serving as a formulation manager at the subsidiary of a well-known American pharmaceutical innovator, where he was the group leader in charge of the company’s R&D and production functions.

Atthachai holds a PhD in Pharmaceutical Technology from Thailand’s Mahidol University, and he frequently lectures on pharmaceutical and chemical patents at universities across Thailand. He has completed the FICPI South East Asian Drafting Training Course, enabling him to prepare patent applications and claims.

EXPERIENCE

  • Assisted pharmaceutical companies in drafting sale and purchasing agreements and held discussions with the Ministry of Public Health with regard to the purchasing agreements of COVID-19 drug products.
  • Advised pharmaceutical companies about the Thailand Emergency Use Authorization (EUA) approval requirements of COVID-19 drug products and vaccines.
  • Revised guidelines for Thai patent officers examining chemical and pharmaceutical patents.
  • Implemented a quality-control system and addressed GMP-related topics for the manufacturing of vaccines. This involved working closely with the Department of Medical Sciences of the Thai FDA with regard to biohazard manufacturing and audits, in order to obtain approval.
  • Worked with companies in the agricultural and chemicals industries with regard to complaints on substandard products raised by the Ministry of Agriculture.
  • Reviewed clinical trial agreements and bioequivalence studies for new drugs and conventional products, and ensured that the trials/studies and protocols were in accordance with Good Regulatory Practices and Good Clinical Practices.
  • Assisted life sciences and chemical companies to draft a variety of complex patents involving the manufacturing process for creating polymers from waste gas and patents related to biological vaccines, among others.
  • Audited leading pharmaceutical companies to ensure that their product registration dossiers and advertising campaigns comply with Thai legislation.
  • Registered new biological product dossiers at the Thai FDA and received approvals within 1.5 years—a relatively short period of time to obtain approval for a new drug in Thailand.
  • Registered medical devices, food products, and cosmetics with the Thai FDA for domestic and international companies.
  • Worked with the firm’s litigation team and won a disputed patent litigation case for a chemical glass company, in which the opposing party claimed damages exceeding THB 50 million.

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