Section 23. An advertisement shall not be effected by a method which may be harmful to health, or cause
physical or mental harm or annoyance to consumers; that is, as prescribed in the Ministerial Regulation.
Section 24. In the case where the Committee on Advertisement is of the opinion that any goods may
be harmful to consumers and the Committee on Labels had declared such goods to be label-controlled
goods, the Committee on Advertisement shall have the power to issue the following orders;
(1) Prescribing that the advertisement must be made together with the advice on or warning
about the usage or harmful effect in accordance with the conditions prescribed by the Committee on
Advertisement; provided that the Committee on Advertisement may prescribe different conditions for
the same advertisement made by different advertising media;
(2) Restricting the use of advertising media for such goods; prohibiting the advertisement of
such goods.
(3) The provision of (2) and (3) shall also apply to the advertisement which the Committee on
Advertisement is of the opinion that the use or utility of such goods is contrary to the social, moral or
cultural policy of the nation.
Section 25. In the case where the Committee on Advertisement is of the opinion that, with respect to
any goods or service, it is necessary for the consumers to know the facts concerning the status and
other details regarding the business man, the Committee on Advertisement shall have the power to
prescribe that the advertisement of such goods or service shall also disclose such facts as prescribed
by the Committee on Advertisement.
Section 26. In the case where the Committee on Advertisement is of the opinion that the consumers
should be informed that a statement which is used in any advertising media is for advertising purpose, the
Committee on Advertisement has the power to prescribe that the advertisement through such advertising
media must be accompanied by the explanation to that effect so that the public may be informed that such
statement is for advertisement. For this purpose, the Committee on Advertisement may prescribe any
condition for the compliance therewith.
Section 27. In the case where the Committee on Advertisement is of the opinion that any advertisement
violates section 22, section 23, section 24 (1) or section 25, the Committee on Advertisement shall have
the power to issue one or several of the following orders:
(1) to rectify the statement of method of advertisement;
(2) to prohibit the use of certain statements as appeared in the advertisement;
(3) to prohibit the advertisement or the use of such method for advertisement;
(4) to correct by advertisement the possible misunderstanding of the consumers in accordance with
the rules and procedure prescribed by the Committee on Advertisement.
In issuing an order under (4), the Committee on Advertisement shall prescribe the rules and
procedure by having regard to the interest of the consumers and to the bona fide act of the advertiser.
Section 28. In the case where the Committee on Advertisement had a reasonable cause to suspect that
any statement used in an advertisement is false or exaggerated under section 22 paragraph two (1) the
Committee on Advertisement shall have the power to issue an order requiring the advertiser to substantiate
the claim.
In the case where the advertiser refers to any technical report, research result, statistics, certification
from any other institution or person or assets any fact in the advertisement, if the advertiser cannot
substantiate the statement used in the advertisement as so referred, the Committee on Advertisement shall
have the power to issue an order under section 27 and it shall be taken that the advertiser knows or ought
to know that such statement is false.
Section 29. Any businessman who is doubtful whether his advertisement will violate or does not conform
with this Act may apply to the Committee on Advertisement for consideration and opinion on such matter
before advertising. In this case, the committee on advertisement shall give opinion and notify the applicant
within thirty days from the date the Committee on Advertisement receives the application; or it shall be
deemed that the Committee on Advertisement has given its approval thereto,
The application for opinions and the fees for giving opinions shall be in accordance with the rules
prescribed by the Committee on Advertisement. The fees received shall be remitted to the Treasury
as the state revenue.
The giving of opinion by the Committee on Advertisement under paragraph one shall not be
deemed to curtail the power of the Committee on Advertisement to review the matter when there is a
reasonable cause.
Any act done pursuant to the opinion of the Committee on Advertisement under paragraph one
shall not be deemed a criminal offence.
Part 2
Consumer Protection against Labeling
Section 30. Goods which are manufactured for sale by the factories under the law on factories and
goods which are ordered or imported into the Kingdom for sale shall be a label-controlled goods.
The provisions of paragraph one shall not apply to the goods prescribed by the Committee on
Labels by publishing in the Government Gazette.
In the case where it appears that goods which may be harmful to health or cause physical or mental
harm because of the use or the nature of such goods or the goods regularly used by the public and the
requirement of labels for such goods will be beneficial to the consumers so that they may be aware of the
material facts concerning such goods not being a label-controlled goods under paragraph one, the Committee
on Labels shall have the power to declare such goods to be a label-controlled goods by publishing in the
Government Gazette
Section 31. The label of a label-controlled goods shall be of the following descriptions:
(1)it shall contain truthful statements and have no other statements which may include misunderstanding
as to the material facts concerning such goods;
(2)it shall contain the following statements;
- the name or trade mark of the manufacturer or the importer for sale, as the case may be;
- the place of manufacturing or the place of operating import business, as the case may be;
- the statements which indicate what the goods are; in the case of imported goods, the name
of the manufacturing country shall be specified;
(3)it shall contain necessary statements such as price, quantity, usage, recommendation, caution
and an expiry date in the case of goods which can be expired or in other cases to protect the consumer
rights; provided that, such protection shall be made in accordance with the rules and conditions prescribed
by the Committee on Labels by publishing in the Government Gazette.
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