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In brief

The Food and Drug Administration (FDA) has issued the Notification of the Ministry of Public Health Re: Prescribe Types of Cosmetics, Criteria, Methods and Conditions for Refill Stations, B.E. 2566 (2023) and the Cosmetic Committee Announcement Re: Labeling of Cosmetic at Refill Stations, B.E. 2566 (2023). Both notifications were published in the Government Gazette on 23 August 2023 and will become effective on 21 November 2023. These notifications are intended to be in line with the global Bio-Circular-Green Economy trend, which seeks to reduce plastic waste and promote the recycling of plastic.


In more detail

At present, the cosmetic products for which the refill stations may be used under these notifications are limited to liquid perfumes and rinsed-off liquid body and/or hair/scalp cleansing products (which have been notified to the FDA). The setting up of the refill stations must follow the criteria and conditions prescribed in these notifications (e.g., training of personnel, premises, tools and equipment, safety control, packaging and labeling). Manufacturers or importers who would like to set up refill stations must obtain pre-approval from the FDA. Furthermore, bulk cosmetics and refill cosmetics must have labels with specific information and must follow the current cosmetic labeling regulations.

The FDA is also in the process of finalizing the draft regulation on refill stations for hazardous substance type I in liquid form, which are household cleaning products for floors, walls, sanitary wares and other materials containing prescribed substances controlled by the FDA. The criteria and conditions are similar to the requirements for cosmetic refill stations. We understand that this regulation will be issued later this year.

For more information, please contact our Healthcare & Life Sciences Industry Group and Regulatory Affairs Services Department at Baker McKenzie.

Author

Peerapan is a Corporate and M&A partner and heads the Sustainability Group and Healthcare & Life Sciences Industry Group in Bangkok. She also co-heads the Investigations, Compliance & Ethics Practice Group in Bangkok and is currently a member of the Firm's Global Executive Committee. Peerapan has nearly 40 years of experience advising on transactional and regulatory matters in highly regulated industries. Peerapan is exceptionally fluent in regulatory matters relating to healthcare, consumer protection and product liability.
Peerapan also has extensive experience advising on compliance issues, risks facing companies across various industry sectors, and regularly assists clients in practically managing and mitigating those risks. She has been consistently recognized as 'Leading Individual’ in Corporate M&A by the Asia Pacific Legal 500 for eight consecutive years (2013-2020) and has been inducted into the Asia Pacific Legal 500 Hall of Fame in Corporate M&A in 2020-2023. More recently she has been shortlisted for Corporate and M&A Lawyer of the Year by the Legal 500 Southeast Asia Awards. Peerapan was also awarded ‘Client Choice winner’ for Healthcare & Life Sciences 2019 by Lexology.
In October 2022, Peerapan was elected to join the Global Executive Committee and serve as chair of the Asia Pacific region. In this role, Peerapan works alongside the Firm's leadership to drive forward the Firm’s business strategy and prioritized actions.

Author

Panyavith assists major local and multinational clients in a range of heavily regulated industries, such as healthcare & life sciences, chemical and biotech, on large complex mergers and acquisitions, private equity transactions, joint ventures, corporate restructurings, post-acquisition integration projects, commercial agreements and regulatory issues. With his technical and commercial astute, Panyavith has often been involved in a number of pioneering projects, helping clients navigate the challenges of uncharted waters and emerging opportunities with innovative solutions. He is recently recognized as "Up and Coming for Corporate and M&A" in Thailand by Chambers Asia-Pacific 2023.

Author

Praween Chantanakomes is the Head of Regulatory Affairs Department in Baker McKenzie, Bangkok office.

Author

Prim Uditananda is a Regulatory Affairs Manager in Baker McKenzie, Bangkok office.

Author

Panitan Siangchin is a Regulatory Affairs Officer in Baker McKenzie Bangkok office.