Understanding the Impact of Thailand's Amended Alcohol Regulation

With Thailand's large hospitality, alcohol and F&B industry, businesses nationwide need to understand how the Alcoholic Beverage Control Act (No.2), B.E. 2568 (2025) ("ABCA"), published in the Royal Gazette on 9 September 2025 and effective from 8 November 2025, will impact their operations and marketing strategies.

1. Alcohol Sales Restriction and Penalties

1.1 Alcohol Sales Ban Remains In Force

While the earlier amendments in support of tourism and the hospitality sector permit lounges, bars and duty-free shops of international airports, licensed hotels, and licensed entertainment venues to extend alcohol sale hours since 27 June 2025, the original restricted hours (24:00-11:00 and 14:00-17:00) continue for general retail stores.

To clarify, hotels are allowed to sell alcohol 24/7 through their in-room services, whereas entertainment venues in provinces such as Bangkok, Chonburi, Chiang Mai, Phuket and Samui can sell alcohol up until their mandatory closing hour at 4 AM (pursuant to the Entertainment Place Act B.E. 2509 (1966) and the current Ministerial Regulation (No.3), B.E. 2566 (2023)).

1.2 Penalty For Drinkers

Individuals caught drinking alcohol in pubs or bars outside the permitted time sales could be fined up to THB 10,000 as the new alcohol regulation aims to target consumers too (Section 32 and 37/1, ABCA).

1.3 Greater Responsibilities On Sellers

Under Section 29, Paragraph 1 of the ABCA, sellers are explicitly permitted and expected to check purchasers' identification cards to verify their age. What's more, sellers ought to assess the condition of customers who appear intoxicated as is necessary and proper, for sellers who willfully or negligently violate this paragraph and cause damage to life, body, health, property or any other rights may be liable for the damages caused. Pursuant to Section 40 of the ABCA, vendors who are caught selling alcohol beverage to a person who is under twenty years old or is in a noticeable state of intoxication may also face imprisonment of up to one year, a heavier fine of up to THB 100,000, or both.

(Note: Guidance on the assessment of intoxication will be given by the Director of the Department of Disease Control in a upcoming notification.)

2. Broader Definitions

2.1 'Alcoholic beverage' has also been redefined as any product with an alcohol content of 0.5% or higher, covering low-alcohol or fermented products and eliminating prior ambiguities.

2.2 The ABCA has broaden the definition of "marketing communication" so that the term is no longer limited to traditional sales and brand promotional activities such as public relation activities, the dissemination of information on alcoholic beverages, promotional campaigns, product exhibition, marketing events, event sponsorship and direct marketing. In other words, promotional activities via online platforms, social media, influencer marketing, online publications and points-of-sale activities will also be scrutinized.

3. Navigating Past Loopholes

Although the Alcoholic Beverage Control Act, B.E. 2551 (2008) ("old ABCA") had been prohibiting both direct and indirect advertising and displaying of names, symbols or trademarks of alcoholic beverages in a manner that boastfully advertise their qualities or induce alcohol consumption, many companies and content creators use loopholes in the old ABCA and the additional Ministerial Regulation, B.E. 2553 (2010) to continue promoting the brand image by using alcoholic beverages names, symbols or trademarks on unrelated and alcohol-free services and goods. For instance, companies have resorted to celebrity endorsement of imitated drinking water bottles or soda cans and the sponsorship of sport events, music festivals and university projects, without displaying the actual images, videos and illustrations of alcoholic beverages, packaging or containers.

4. The New Restrictions: Section 32/1 - 32/5

To further curb positive association between alcohol brands and alcohol-related issues, the amended ABCA introduces to Section 32/1 and 32/5 to extend the prohibition as follows:

1) Most forms of alcohol advertising through a general ban;

2) Celebrities, influencers and public figures promoting alcohol consumption through the use of alcoholic beverages names, symbols or trademarks;

3) Displaying actual or modified names, symbols or trademarks of alcoholic beverages on unrelated products (e.g. non-alcoholic beverages and clothing) in a manner that could be perceived as alcohol advertising;

4. Corporate Social Responsibility (CSR) activities undertaken in a way that promote alcohol consumption; and

5. Media coverage of such activities, where publication can be interpreted as indirect advertising

This makes Thailand's ABCA one of the most comprehensive advertising prohibition regime in the region, covering brand-related content, brand stretching and even indirect promotional channels. Consequently, any attempt to circumvent these rules risk penalties.

5. Lessons from International Enforcement

   
   

Nevertheless, taking into account how alcohol brands get around strict advertising prohibitions in other countries may be helpful. For instance,

5.1 Lithuania

Following a near-total advertising ban in 2018, limited exemptions were introduced in 2024, allowing information-based content, such as details on awards, food and drink pairings, and production techniques and traditions, on online platform. In addition, regardless of the visual similarity between the alcoholic and the non-alcoholic beverage, advertising non-alcoholic beverages is permitted by courts in Lithuania if it is 1) clearly identifiable as non-alcoholic, and 2) genuinely marketed and widely known among consumers. For this reason, the advertisement of a non-alcoholic beverage in 2021 was ruled to have violated the rule, while the advertisement in 2022 was considered as non-advertising, for the former beverage was non-existent and unknown to an average consumer. At the same time, using alcohol logos on unrelated products such as bottled water designed to mimic alcohol packaging has been ruled illegal to avoid exposing minors to the alcohol industry in 2019.

5.2 Norway

Advertisements in imported foreign publications are exempt from the ban if the primary aim of the document is not alcohol advertising. Brands were also allowed to display their website addresses (e.g. "hansa.no") on shirts at a sports event provided the alcohol logo was removed. However, promoting a company as a whole may still qualify as alcohol advertising if the majority of the target group associated the business with alcoholic beverages.

5.3 Practical Implications for Thailand

With Section 32/1 of the ABCA exempting information, knowledge or public-health related communication from the advertising ban, providing similar alcohol-related information may be considered product information and non-advertising too. Alcohol brands could consider reallocating marketing budgets toward educational, product information and responsible consumption campaigns instead of brand promotion.

Importantly, enforcement in both Lithuania and Norway demonstrates that regulators take a strict approach to brand stretching and indirect promotion. Consequently, the safest approach for businesses producing, importing and selling alcoholic beverages is to review their marketing and promotional strategies in Thailand and ensure compliance with both the ABCA and forthcoming ministerial regulations.

6. Stricter Enforcement and Heavier Penalties

Violators of this advertising and marketing restrictions may face heavier fines of up to THB 500,000, with a daily fine of up to THB 50,000 until compliance is obtained. Regulators may also impose administrative measures, such as ordering closure of premise, notifying relevant authorities to take action against the businesses for non-compliance, and suspending or revoking licenses under the Excise Tax Act.

Disclaimer and Contact

This article is provided for general information only and does not constitute legal advice. While I strive to keep my legal insights accurate and practical, changes in law or other factors may affect your decisions. For tailored advice or assistance with integrating regulatory requirements; such as, conducting compliance evaluations, updating contracts with agencies and influencers, training staff, or monitoring enforcement trends, please contact me at: osa.chaichit@gmail.com

By: Osaris Chaichit