Food Regulatory

Regulatory Update: Thailand’s FDA Introduces New Health Claims Regulations for Food Labelling

*The new regulations were announced on 4th January 2024 and will be enforced on 2nd July 2024.

I. Regulation No. 445 Nutrition Labelling

FDA deems it appropriate to revise the nutrition labels regulation so that consumers receive information on the types and amounts of nutrients received from consuming each type of food. Including being able to compare the amount of nutrients between the same type of food. Choosing to buy and consume food that is appropriate for your health protects consumers regarding food and nutrition.

FDA defines the following foods that must display a nutrition label:

  1. Foods with nutritional claims.
  2. Foods with health claims.
  3. Foods that have promotional value.
  4. Other foods as specified.

The food products that are required to carry the nutrition labelling shall comply with the additional criteria and conditions as stated under Nutrition Labelling Regulation Annex 1 – 4.

  1. Annex 1: Forms and conditions for displaying nutritional information panels.
  2. Annex 2: Method for determining serving size
  3. Annex 3: Thai reference daily intakes – THAI RDIs
  4. Annex 4: Principles for nutritional claims on food labels.

The new regulations will be enforced on 2nd July 2024. Products licensed before the effective date of this regulation can still be sold in the market for 3 years till 1st July 2027.

 

II. Regulation No. 446 Food products Required to bear Nutrition Labelling and Guideline Daily Amounts, GDA Labelling (No.2)

Food products required to declare Nutrition Labelling and Guideline Daily Amounts, GDA Labelling:

Nutrition Labelling shall comply with the format and provisions of displaying nutrition information in attachment No.1 of Regulation No. 445 Re: Nutrition Labelling.

The new regulations will be enforced on 2 July 2024. Products licensed before the effective date of this regulation can still be sold in the market for 3 years till 1st July 2027.

 

III. Regulation No. 447 Health Claims made on Food Labelling.

FDA deems it appropriate to prescribe the criteria, procedures and conditions for health claims made on foods to protect consumers and facilitate trade.

“Health Claim” means any declaration of statement, image, mark, symbol, trademark or any information related to a relationship between a food or a constituent of food and health both directly and indirectly, which can be classified into 3 types:

1) Nutrient function claim means a nutrition claim that describes the physiological role of the nutrient in growth, development and normal functions of the body.

2) Other function claim means a claim of specific beneficial effects of the consumption of foods or their constituents, in the context of the total diet on normal functions or biological activities of the body. Such claims relate to a positive contribution to health or the improvement of a function or modifying or preserving health.

3) Reduction of disease risk claim means a claim of benefits of the consumption of a food or food constituent related to the reduced risk of developing a disease or health-related condition.

*The FDA has established a list of 28 Nutrient function claim statements, 6 Other function claim statements, and 2 Reduction of disease risk claim statements.

 

IV. Regulation No. 448 Food Supplement (No.5)

FDA deems it appropriate to amend the food supplement regulation regarding determining the quality or standards of dietary supplements.

Contains the type of vitamins or minerals with maximum level as specified in the annex of this regulation and shall not be less than 15% of the Thai reference daily intakes – THAI RDIs for food supplements whose purpose as to give vitamins or minerals.

The new regulations will be enforced on 2nd July 2024. Products licensed before the effective date of this regulation can still be sold in the market for 3 years till 1st July 2027.

 

Annex: Type of vitamins and minerals with maximum level present in food supplements.

 

Vitamins and minerals

Maximum level of vitamins and minerals per day

1

Vitamin A

800 µg RAE

2

Vitamin D

15 µg

3

Vitamin E

10 mg α-TE

4

Vitamin K

80 µg

5

Vitamin B1

100 mg

6

Vitamin B2

40 mg

7

Nicotinamide 1

20 mg NE

8

Nicotinic acid 1

15 mg NE

9

Pantothenic Acid

200 mg

10

Vitamin B6

2 mg

11

Folate
Folic acid

330 µg DFE
200 µg

12

Vitamin B12

600 µg

13

Biotin

900 µg

14

Vitamin C

1,000 mg

15

Calcium

800 mg

16

Magnesium

350 mg

17

Phosphorus

800 mg

18

Iron

15 mg

19

Zinc

15 mg

20

Copper

2,000 µg

21

Chromium

500 µg

22

Molybdenum

160 µg

23

Selenium

70 µg

24

Manganese

3.5 mg

25

Iodine

150 µg

26

Potassium

3,500 mg

1 Minimum level shall not be less than 15% of the Thai-RDI of Niacin of the notification of the Ministry of Public Health entitled “Nutrition labeling

 

 

References:

  1. Food and Drug Administration. (2023). Notification of the Ministry of Public Health (No.445) B.E 2566 (2023) Issued By Virtue Of The Food Act, B.E. 2522 (1979) Re: Nutrition Labelling.
  2. Food and Drug Administration. (2023). Notification of the Ministry of Public Health (No.446) B.E 2566 (2023) Issued By Virtue Of The Food Act, B.E. 2522 (1979) Re: Food products Required to bear Nutrition Labelling and Guideline Daily Amounts, GDA Labelling (No.2).
  3. Food and Drug Administration. (2023). Notification of the Ministry of Public Health (No.447) B.E 2566 (2023) Issued By Virtue Of The Food Act, B.E. 2522 (1979) Re: Health Claims made on Food Labelling.
  4. Food and Drug Administration. (2023). Notification of the Ministry of Public Health (No.448) B.E 2566 (2023) Issued By Virtue Of The Food Act, B.E. 2522 (1979) Re: Food supplement (No.5)