Regulatory Updates on Alcohol Advertising under the Alcoholic Beverages Control Act (No. 2), B.E. 2568

Introduction

On 9 September 2025, the Alcoholic Beverages Control Act (No. 2), B.E. 2568 (“Amendment of the ABCA“) was officially published in the Royal Gazette. The Amendment of the ABCA takes effect 60 days after its publication, or on 8 November 2025.

This Update provides an overview of the Amendment of the ABCA, focusing on the proposed additional provisions on advertising and their implications for businesses.

Overview of the Amendment of the ABCA

The Amendment of the ABCA revises key definitions, including the definition of “marketing communication”, and introduces new definitions such as persons with alcohol-related problems and traditional ceremonial banquets.

Moreover, the Amendment of the ABCA modifies provisions relating to the structure and authority of various committees, including:

1. the National Alcohol Policy Committee;
2. the Alcohol Control Committee;
3. the powers of the responsible Minister; and
4. the duties of both the Office of the Alcohol Control Committee and competent officers.

It also introduces measures governing alcoholic beverage control, advertising (particularly under Chapter 4/1), and the promotion and support of treatment and rehabilitation for individuals addicted to, or experiencing problems from, alcohol consumption.

In addition, the Amendment of the ABCA adds Chapter 6/1, which sets out the imposition of a “Pinai regulatory fine measure”^[1].

Proposed Additional Provisions on Advertising

The Amendment of the ABCA introduces provisions on significant restrictions on the advertising and promotion of alcoholic beverages (“Proposed Additional Provisions on Advertising“) as follows: 

1. Section 32/1: Advertising of alcoholic beverages is prohibited except where it conveys factual information, educational content, or public communication about alcoholic beverages, subject to conditions prescribed by the Minister.

2. Section 32/2: Celebrities, influencers, or other well-known persons are prohibited from endorsing or promoting alcoholic beverages for commercial benefit by displaying the name or trademark of alcoholic beverages. Limited exceptions apply for academic purposes within a restricted group, subject to conditions prescribed by the Minister.

3. Section 32/3: Indirect advertising is prohibited. This includes using alcohol brand names, logos, or symbols in connection with non-alcoholic products (commonly referred to as “surrogate branding“), where such use could reasonably be regarded as promoting alcoholic beverages.

4. Section 32/4: Companies or any persons are prohibited from sponsoring or supporting social or public events in a way that promotes alcohol consumption, except in accordance with conditions set by the Minister.

5. Section 32/5: The publication or promotion of events that fall under the prohibition of section 32/4 is also prohibited.

Although the Proposed Additional Provisions on Advertising appear to impose a broad prohibition on all activities linked to the promotion of alcoholic beverages, there remains scope for interpretation as to the extent to which each activity would be deemed to constitute “promotion of alcoholic beverages”.

In particular, with respect to surrogate branding, it may be premature to conclude that such practices will be entirely prohibited until further clarity is provided through judicial interpretation or subordinate regulations that set explicit boundaries.

Key Takeaways for Businesses

The Amendment of the ABCA signals a much stricter regulatory control on alcohol marketing in Thailand. While certain provisions leave room for interpretative clarification, businesses in the alcohol industry and their partners (e.g. including through events, sponsorships, or cross-branding) should not delay in reassessing their advertising, promotional, and corporate social responsibility activities.

Proactively reviewing and updating internal policies and procedures will be essential to prepare for potential compliance obligations and minimise legal risks once the Amendment of the ABCA comes into effect.

The full announcement (in Thai) can be accessed here.

Contribution Note

This Legal Update is contributed by the listed Contact Partner, with the assistance of Benjarong Roongmaneekul (Senior Associate, Rajah & Tann (Thailand) Limited), Nicharee Srikongrak (Associate, Rajah & Tann (Thailand) Limited) and Nathathida Puthiburanawat (Associate, Rajah & Tann (Thailand) Limited).

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^[1] Pinai regulatory fine measure means an administrative monetary penalty imposed by the competent authority for non-compliance with the Act, separate from criminal penalties, intended to enhance enforcement efficiency and deter violations. The details relating to the Pinai regulatory fine measure are set out in the Act on the Imposition of Regulatory Fines B.E. 2565 (2022).