The Consumer Protection Act B.E. 2522 (1979) is the primary legislation in Thailand designed to safeguard consumers from unfair trade practices, misleading advertisements, unsafe products, and contractual abuses. It establishes legal rights for consumers, obligations for businesses, and enforcement mechanisms through the Office of the Consumer Protection Board (OCPB).
The Act was enacted to ensure:
Fairness in trade between businesses and consumers.
Prevention of deceptive advertising and product labeling.
Protection against unsafe goods and services.
A legal process for consumers to seek remedies.
Key legal instruments include:
Consumer Protection Act B.E. 2522 (as amended) — Core provisions.
Ministerial Regulations — Specific rules on labeling, advertising, and complaint handling.
Subordinate Laws — Standards for product safety, contracts, and penalties.
Consumer — Any person who buys or uses goods or services for personal or household use, not for commercial resale or profit-making.
Business Operator — Any person or entity engaged in producing, selling, or providing goods or services, including importers and distributors.
Consumers are entitled to goods and services that are safe for their intended use. Business operators must comply with safety standards prescribed by law.
Consumers must receive accurate and sufficient information about products or services, including:
Ingredients or composition.
Price.
Expiry date.
Usage instructions.
Warnings or precautions.
Contracts must not contain unfair terms, such as:
Excessive liability disclaimers.
Unilateral cancellation rights for the seller.
Penalty clauses disproportionate to damages.
Consumers can file complaints for compensation, replacement, repair, or refund.
Consumer representatives may participate in the policymaking process related to consumer rights.
The OCPB is the primary enforcement body under the Act. Its functions include:
Receiving and investigating complaints.
Mediating disputes between consumers and businesses.
Referring criminal cases to the police or public prosecutors.
Issuing regulations and guidelines.
Coordinating with other government agencies, such as the Food and Drug Administration (FDA) and the Ministry of Commerce.
The Act prohibits:
False or misleading advertisements.
Omission of essential facts.
Use of ambiguous language to mislead consumers.
The Committee on Advertisement under the OCPB can:
Order businesses to amend or withdraw unlawful advertisements.
Impose administrative fines.
Refer severe cases for criminal prosecution.
Example: A weight-loss product advertised as “clinically proven to reduce weight without diet or exercise” without evidence was ordered to cease advertising and fined for false representation.
Product labels must contain:
Product name and trademark.
Manufacturer/importer details.
Usage instructions.
Production/expiry date.
Price and quantity.
Failure to comply can result in confiscation of goods, fines, and imprisonment.
Example: Imported cosmetic products without Thai-language labels were seized by authorities for violating labeling requirements.
Applies to specific contracts, such as:
Hire-purchase agreements.
Property sales.
Membership or service contracts.
The OCPB can prescribe standard contract terms to prevent unfair clauses. Any prohibited term is void.
Example: A gym membership contract with a non-refundable clause for unused months was declared invalid under the unfair contract terms regulation.
Violations of the Act can lead to:
Administrative Penalties — Orders to correct violations, withdraw products, or amend contracts.
Criminal Penalties — Fines and imprisonment for serious offenses (e.g., false advertising, sale of unsafe products).
Civil Liability — Compensation for consumer damages.
Consumers can submit complaints to the OCPB in person, online, or via mail, providing:
Proof of purchase.
Evidence of violation (e.g., advertisement, defective product).
Contact information.
The OCPB assesses whether the case falls under its jurisdiction and may:
Attempt mediation.
Order corrective actions.
Refer cases to prosecutors.
If mediation fails, the OCPB can support consumers in pursuing civil or criminal proceedings.
Case 1 — Unsafe Electrical Appliance
A consumer purchased a blender that caught fire during use. The OCPB ordered the importer to recall the product, compensate affected consumers, and pay a fine under safety regulations.
Case 2 — Misleading Real Estate Advertisement
A condominium developer advertised a swimming pool and gym as part of the common area, but later changed the project plan. The OCPB ordered the developer to compensate buyers and amend future advertisements.
Case 3 — Unfair Contract in Language School
A language school’s enrollment contract included a clause allowing the school to change teachers or cancel classes without refunds. The OCPB declared the clause void and ordered refunds to affected students.
The Consumer Protection Act works alongside other laws:
Product Liability Act B.E. 2551 (2008) — Strict liability for manufacturers and sellers of defective products.
Food Act B.E. 2522 — Regulates food safety.
Medical Device Act B.E. 2551 — Regulates safety and labeling of medical devices.
Direct Sales and Direct Marketing Act B.E. 2545 — Regulates direct sales and online marketing.
Maintain Compliance Records — Keep product specifications, safety test reports, and advertising approvals.
Pre-Approval for Claims — Obtain documentary evidence before making product claims.
Consumer Service Channels — Provide clear refund, repair, and complaint channels to reduce disputes.
Contract Review — Regularly audit contracts for compliance with OCPB regulations.
Consumer Protection Act B.E. 2522 — Sections 4–57.
Ministerial Regulation on Product Labeling — Issued under Sections 32–40.
Committee on Advertisement Regulations — Rules on advertising content.
Ministerial Regulations on Controlled Contracts — Issued under Section 35 bis.
The Consumer Protection Act in Thailand provides a comprehensive legal framework to ensure fair trade, accurate information, product safety, and equitable contracts. The OCPB plays a central role in enforcement, and both consumers and businesses must understand their rights and obligations to prevent disputes and ensure compliance. With growing consumer awareness and active enforcement, adherence to these rules is not just a legal requirement but a critical part of maintaining trust in the Thai marketplace.