Abstract:
Currently, dietary supplements are very prevalent. There are numerous sales
channels available, including online advertising. The Food Act, BE 2522, Section 40,
specifies the criteria for this advertisement's placards: "No person shall advertise the
benefits, qualities, or properties of food that are false or deceptive to cause unreasonable
misunderstanding." Any violation of these provisions is punishable by imprisonment for a
term not exceeding three years or a fine not exceeding thirty thousand baht, or both, under Section 70. However, Section 40 or the control of food supplement advertising, needs to be more stringent to regulate the conduct of business operators who conceal hazardous food supplements to deceive advertisements for sale to consumers, including failing to provide safety protection. This action exposes consumers to numerous risks associated with consuming these dietary supplements. The more significant issue is how the economy and financial situation have altered the penalties. The provisions of section 70 determined that the fine was unable to induce recklessness or fear of the law in the offender. This thesis proposes that Thailand amend Section 40 to be more comprehensive
and explicit and increase Section 70's fines to be more severe. The revision is that those
who advertise food violating Section 40 shall be liable to a fine of not more than 250,000
baht for the first offense and 500,000 baht for the subsequent offense y making the criteria
for determining punishments in nations like the United States, Japan, and Canada
consistent with the offender's type of business and income.