According to research marketing company Euromonitor International, Thailand's dietary supplement industry in 2023 was valued at 87 billion baht.
Thai consumers spent 1,036 baht per person on average each month on a range of products. Additionally, Kantar, a global market research company, reported that the most popular dietary supplement categories in Thailand in 2022 were comprehensive health (29%), skin and beauty (21%), protein (19%), immunity (8%) and weight management (7%).
Due to high demand, dietary supplements have become a topic of discussion because many brands in the market do not meet the quality standard or fall short of their advertised claim. To discuss issues and educate people regarding dietary supplements, the Faculty of Pharmaceutical Science at Chulalongkorn University (CU) recently held a forum titled "Discussion And Reflection Of Dietary Supplements" via the faculty's Facebook account.
Asst Prof Suntharee T. Chaisumritchoke, a lecturer at the Faculty of Pharmaceutical Science, CU, kicked off the forum by explaining what dietary supplements are. She said dietary supplement in Thai is translated from the same terminology in the US. Dietary supplements are substances taken in addition to a normal diet and are often found in capsule, flake, liquid or powder form. They are not considered foods and consumers expect to gain health benefits from these supplements.
The issue that brought dietary supplements into the spotlight involved the iCon Group, a notorious online scam company. Many victims filed complaints against the company for its pyramid scheme and using celebrities to endorse its products such as dietary supplements, nutritional supplements, coffee and cocoa powders.
Saree Aongsomwang, secretary-general of the Thailand Consumer Council (TCC), revealed that the most common complaint about dietary supplements is their exaggerated properties or false advertising. Most dietary supplements advertised online, especially on social media often use celebrities, influencers and healthcare professionals as presenters to attract buyers.
Saree explained that according to the food advertising specification under the Food Act B.E. 2522 and the Consumer Protection Act B.E. 2522, advertising must be truthful, not misleading and must provide complete information. She also pointed out that although dietary supplement products have the FDA's registration number, advertisements also need approval.
"Celebrities and influencers must be aware that when advertising, they must promote products that have a registration number from the FDA. Moreover, even with a FDA registration, approval for advertising is still required and most celebrities are unaware of this," said Saree.
Saree explained the key principles of celebrity endorsement in the US. First, celebrities and influencers must make it obvious that it is an advertisement by using the hashtags #sponsor and/or #ad. Second, celebrities and influencers must not make exaggerated or misleading claims about products.
"It is against the law for celebrities and influencers to advertise that the dietary supplement can cure a disease. Celebrities and influencers are required to be honest and transparent in their advertising. Additionally, if celebrities/influencers' recommendation does not align with their actual experience, they may face penalties. In some countries, there are regulations that require celebrities/influencers to use a product for at least six months before endorsing it," explained Saree.
"This is an opportunity for Thai celebrities to set a higher standard in the industry. Even though no rules govern celebrity endorsement in Thailand, celebrities/influencers should consider this basic ethical standard. When they plan to advertise any product, they should use the product for at least six months and should not make false claims. When it comes to advertising, they should make it clear that the product is sponsored," Saree added.
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Illustrations: Charungsak P. Praphan)
When asked how the law in Thailand regulates dietary supplement advertising, Dr Surachoke Tangwiwat, secretary-general of the Food and Drug Administration (FDA), replied that advertisements must adhere to properties of the product as registered with the FDA.
"Any claims apart from those registered are prohibited. Unfortunately, many cases violate this rule and exaggerate properties of their products," he said.
While many companies operate ethically, other companies intentionally add unauthorised substance into their products.
"Some companies register an ingredient with the FDA, but use a different ingredient in the actual product. These products can cause serious health risks. The FDA is committed to monitoring products in the market and taking legal action against any violator," said Dr Surachoke.
Asst Prof Suntharee provided more information about how the FDA regulates food and drug advertising.
"There are at least three principles. First, advertisements must be approved by the FDA which involves verifying the product's registration number. Second, supplement advertisements must not mislead consumers, particularly regarding the benefits. Third, the FDA has the authority to suspend any advertisement that violates the law," she said. To help consumers choose quality products, consumers can verify if a product is registered with the FDA on its website at oryor.com/check-product-serial. The FDA secretary-general said that next year, consumers will be able to verify if a product advertises benefits that match those approved by the FDA.
"The FDA has a team with many platforms to monitor and check if there are misleading advertisements. We use AI to detect advertising," said Dr Surachoke.
Since there are many cases of consumer fraud involving dietary supplements, Asst Prof Suntharee suggested that consumers should file complaints under the Consumer Case Procedure Act B.E. 2551. Under this law, consumers can file verbal complaints without any written document at consumer court. However, the Thailand Consumer Council (TCC) must represent them and make the case a class action.
"With this option, they do not have to pay legal fees and can receive compensation whereas in a criminal lawsuit, victims will not receive compensation."
As a representative, Saree said throughout three years of operation, TCC has handled 132 cases. However, many cases were dismissed by the court as not being consumer cases.
Saree explained: "One of the most disappointing cases involved telecommunication companies overcharging customers. These companies rounded up seconds of call times and charged a whole minute. The court ruled that this is not consumer case.
"Some consumers who were overcharged for a small amount like 400 baht did not want to pursue further legal action since the proceedings would cost them more. The TCC hopes to see courts punish companies that violate consumers' rights. We will discuss with the courts to improve the legal system and better protect consumer rights."
At the end of the forum, Dr Surachoke concluded that most people do not need dietary supplement.
"People should exercise regularly and manage emotion and stress. They also should consume the five main food groups and food with reduced sugar, oil and salt. If everyone does this, 90% of the people will not need dietary supplements. Dietary supplements are not suitable for everyone. Don't believe everything you hear about dietary supplements," Dr Surachoke said.
