Supreme Administrative Court judgment, Red Case No. A 1159/2568, concerning legal issues related to the advertising of traditional medicines.

Abstract

This article aims to examine legal issues concerning the advertisement of traditional medicines through electronic and online media, as well as to analyze the Administrative Court’s jurisprudence regarding the exercise of administrative power by the Food and Drug Administration under the Drug Act B.E. 2510 (1967). The study focuses on the relationship between administrative authority and the protection of individual rights and liberties under the rule of law.

The findings reveal that advertisements of traditional medicines disseminated through Facebook, websites, and other digital platforms, although not explicitly prescribed under the law, were interpreted by the Administrative Court in accordance with the legislative intent and objectives of the statute in order to encompass modern forms of communication. Such interpretation reflects the principle of legal interpretation in conformity with technological and social developments. Furthermore, the study finds that the exercise of administrative power in suspending or regulating drug advertisements must comply with the principles of legality, administrative discretion, proportionality, and procedural fairness to prevent excessive interference with the freedom of business operation and freedom of communication of private entities.

The article further proposes that state agencies should improve regulatory frameworks governing health-product advertising in digital media to ensure clarity, modernity, and consistency with technological advancement. Such regulations should maintain an appropriate balance between consumer protection and the protection of individual rights and liberties under modern administrative law principles.