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Driving “The Draft Act on the Regulation of Marketing of Foods and Beverages Affecting Children’s Health” – To Protect Children’s Health and Reduce the Risk of Childhood Obesity and Non-Communicable Diseases.”

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21.04.2025
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21
April
2025

Driving “The Draft Act on the Regulation of Marketing of Foods and Beverages Affecting Children's Health” – To Protect Children's Health and Reduce the Risk of Childhood Obesity and Non-Communicable Diseases."

 

World Health Organization (WHO) suggests implementing policies to restrict marketing of foods high in saturated fatty acids, trans-fatty acids, free sugars and/or salt to which children are exposed, and that such policies should: 

  • be mandatory;

  • protect children of all ages;

  • use a government-led nutrient profile model to classify foods to be restricted from marketing;

  • be sufficiently comprehensive to minimize the risk of migration of marketing to other media, to other spaces within the same medium or to other age groups; and

  • restrict the persuasive power of food marketing.

Progress in Thailand

The Drafting of the Act to Control Marketing of Food and Drinks Affecting Children’s Health Started in 2020.

Year
Details
2020
UNICEF, Department of Health (DoH), IHPP and WHO prepared a background report to set out i) the rationale for strengthening legislation to control marketing of unhealthy food and drink ii) the required scope of legislation and iii) the mechanisms for legislation monitoring, evaluation and enforcement.
(Source: Controls on the marketing of food and non-alcoholic beverages to children in Thailand: legislative options and regulatory design. 2020)
2021
DoH appointed two working groups to develop legal measures to protect children from food and beverage marketing that affects their health, involving the government sector, civil society, academic and other experts.
- First draft of the act on controlling food and beverage marketing that affects children's health was produced.
2022
The first draft of the Act was then shared with the Health Consumer Protection Academic Center, the government sector, civil society, children and youth groups, and parent and guardian leaders.
Cooperation was built with partners, especially civil society.
- A second draft of the Act was produced based on comments from partners.
Developed a scientific standard for Thailand’s Nutrient Profiling Model (NPM) to identify foods that negatively impact health. This model was developed based on:
-           The WHO-SEARO Nutrient Profiling Model
-           The Department of Health's Food, Snack, Dairy and Beverage Classification Guide for Children Aged 3-15, 2017 Edition
-           The Healthier Choice Logo (HCL) criteria
-           The Dietary Reference Intake for Thais 2020 (Thai DRI) for determining appropriate nutrient intake for children
2023
Public hearings took place to review the second draft of the Act with all stakeholders, including the government, businesses, civil society, academia, and the public.
- The second draft of the Act was amended based on comments made at the public hearings.
2024
DoH Thailand led the development of ASEAN Minimum Standards and Guidelines on Actions to Protect Children from the Harmful Impact of Marketing of Food and Non-alcoholic Beverages, to serve as a reference (guideline) for ASEAN member states.
- A discussion meeting of the sub-group was held to gather additional amendment proposals for the (draft) Act. (Participants: FDA, civil society, industrial sector)
- The (draft) Act was then being considered for amendment based on feedback and additional suggestions.
- A summary of the (draft) Act on Controlling Food and Beverage Marketing that Affects Children's Health (the version following the public hearing) was prepared.

 

Key Points of the Draft Act on the Regulation of Marketing of Food and Beverages Affecting Children's Health

Purpose: To protect children from the persuasive marketing of foods and beverages that affect their health – specifically those high in fat, sugar, and/or sodium (HFSS). The aim is to reduce children’s exposure to and stimulation from unhealthy food and beverage marketing. This is expected to reduce purchasing behavior and consumption of such products, thereby lowering the risk of childhood obesity and non-communicable diseases (NCDs)

 

 

Necessity of Draft Act:


The proposed measures align with the current childhood obesity situation, government policies as well as global and national collaborations and recommendations.

Key measures:


  1. Protect children under 18 years of age

    2. Control the marketing of HFSS food products. The food is considered HFSS, based on the Thailand’s Nutrient Profiling Model

  2. Covers 7Ps of marketing strategies (Product, Price, Place, Promotion, Physical Evidence, People, Process)

 

Examples of Proposed Measures to Regulate the Marketing of HFSS Foods:


- Labels must not use techniques (e.g. cartoons, text) that appeal to children and should display symbols illustrating HFSS content that are easy to understand.

- Control sales in educational institutions below tertiary level education.

- Control advertising through any communication channels and places including television, radio, online media, billboards, public transportation systems, educational institutions etc.

- Control sales promotion, such as exchange vouchers, giving away, lucky draws and prizes.

 

Current Situation of the Draft Act:

 

- The Draft Act is currently being proposed to the high-level decision-makers of the Ministry of Public Health (Director-General of the Department of Health / Permanent Secretary of the Ministry of Public Health / Honorable Minister of Public Health)

- Developing an approach for using Thailand’s Nutrient Profiling Model (NPM) to regulate appropriate food and beverage marketing, aiming to minimize the broader impact on the industrial sector.

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Attached Documents:
1. WHO Guideline: Policies to protect children from the harmful impact of food marketing. https://nutrition2.anamai.moph.go.th/th/fmc/214543

  1. 2. Controls on the marketing of food and non-alcoholic beverages to children in Thailand: Legislative options and regulatory design. https://nutrition2.anamai.moph.go.th/th/fmc/212197

  2. Thailand’s Nutrient Profiling Model (NPM)

    https://nutrition2.anamai.moph.go.th/th/book/210980

 

 

 

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