Cosmeceuticals” vs “Cosmetics” The Correct Legal Understanding under Thai Law that Brand Owners, Investors, and Consumers Need to Know

Understand the Terms in Line with the Law Before Building a Cosmeceutical Brand

In recent years, the term “cosmeceutical” has become widely discussed in the beauty and skin-health industry. Many brands use this term in their marketing communication to create a trustworthy image, suggesting that their products are “more advanced than ordinary cosmetics” and “close to pharmaceuticals.”

However, under Thai law, the reality is that “cosmeceuticals” are not a legally recognized product category.

Image name : “Cosmeceuticals” vs “Cosmetics”: The Correct Legal Understanding under Thai Law that Brand Owners, Investors, and Consumers Need to Know

In this article, NatureProf will help you gain a deeper understanding of:

●       How “cosmeceuticals” and “cosmetics” differ under the law

●       Why the term “cosmeceutical” can be used only in marketing communication

●       Under which Act products that are called “herbal cosmeceuticals” are actually regulated

●       And how brand owners, investors, and consumers should act to comply with the law

Why Does the Term “Cosmeceutical” Create Confusion in the Thai Market?

The word “cosmeceutical” is formed from combining “pharmaceutical” and “cosmetic” to imply products that lie somewhere between medicines and cosmetics—that is, “used for beauty, but containing scientifically active ingredients that work more deeply, similar to drugs.”

In other countries, such as the United States or in Europe, the term cosmeceutical is also used. However, legally, the U.S. Food and Drug Administration (FDA) clearly states that “there is no separate legal category for cosmeceuticals.” Any product must be classified either as a drug or a cosmetic only.

Thailand adopts the same principle. The Food and Drug Administration (Thai FDA), Ministry of Public Health, divides health products into six major categories:

1. Food
2. Drugs
3. Cosmetics
4. Herbal products
5. Medical devices
6. Hazardous substances

Therefore, when any brand uses the term “cosmeceutical,” it must clearly understand that in legal documents the product must still be registered either as a “cosmetic” or as a “herbal product” only.

Legal Definitions of “Cosmetics” and “Cosmeceuticals” in Thailand

Cosmetics under the Cosmetics Act B.E. 2558 (2015)

The law clearly defines in Section 4 that:

“Cosmetics” means any substance intended to be used by applying, rubbing, massaging, sprinkling, spraying, dropping, introducing into, or otherwise used on external parts of the human body, for the purposes of cleansing, beautifying, changing the appearance, correcting body odors, or maintaining the body in good condition.

In simple terms, cosmetics are products used on the external parts of the body for beauty and hygiene, without affecting the structure or function of the internal body.

Examples: skin creams, sunscreens, shampoos, perfumes, lip balms, soaps.

Cosmeceuticals

The term “cosmeceutical” does not appear in any Thai law.
 It is not included in:

●       The Cosmetics Act

●       The Drug Act

●       Or the Herbal Product Act

Instead, it is used in marketing to suggest that the products contain bioactive ingredients, such as : Vitamin A (retinol), Fruit acids (AHA), Peptides, Herbal extracts that have been tested in the laboratory

However, the Thai FDA confirms that: “The term ‘cosmeceutical’ is not legally recognized in Thailand. Entrepreneurs may use this term in marketing, but they must not advertise in a way that suggests the product is a drug or claims therapeutic effects.”

Then Under Which Law Are “Herbal Cosmeceuticals” Regulated?

In 2019 (B.E. 2562), the Ministry of Public Health enacted the Herbal Product Act B.E. 2562, to regulate products that use herbal extracts to support health or beauty. These products are a “bridge” between drugs and cosmetics, such as: Herbal oils, Herbal creams and Herbal lotions

Section 4 defines that: “Herbal product” means a product that contains herbs or herbal extracts as components and is intended to be used for treatment, relief, or prevention of disease; or for nourishing the body, promoting health; or for beauty.

Therefore, what the market calls “herbal cosmeceuticals” must be registered as “herbal products” with the Herbal Product Division of the Thai FDA, not as “cosmeceuticals” as commonly understood in marketing.

Examples:

●       Turmeric herbal cream (Curcuma longa cream)

●       Centella asiatica serum

●       Virgin coconut oil lotion for skin care

These products use herbs as active ingredients and are intended “to nourish the skin and promote health” without claiming to cure diseases, so they fall under the Herbal Product Act B.E. 2562 (2019).

Key Differences Between “Cosmetics” and “Cosmeceuticals / Herbal Products”

Perspectives for Brand Owners and Investors

(1) Understand the Legal Basis Before Building a Brand

The first thing brand owners must know is which legal category their product falls under. Misclassification can lead to cancellation of the notification number or even legal action.

For example, if you make a “turmeric cream that treats acne” but notify it as a cosmetic, this is illegal, because the word “treats” is associated with medicinal claims.

(2) You May Use the Term “Cosmeceutical,” But Must Not Mislead Consumers

The Thai FDA does not prohibit the use of the term “cosmeceutical” in trade names, but it prohibits using it in a way that implies the product is a drug, for example:

●       “Cosmeceutical cream that treats melasma” = Not allowed

●       “Cosmeceutical cream that nourishes the skin with herbal extracts” = Acceptable (if it clearly refers to nourishment, not treatment)

(3) Developing Herbal Cosmeceuticals Requires Scientific Evidence

Although herbal products do not need to submit efficacy test results in the same way as drugs, brands that want to build strong credibility should have laboratory test data (Efficacy Test & Safety Test), such as:

●       Irritation testing

●       Enzyme inhibition tests related to skin pigmentation (e.g. tyrosinase inhibition)

●       Efficacy tests of active ingredients (active biomarker tests)

These help brands gain scientific selling points and allow them to communicate claims in a legally compliant way.

(4) Investors Should Review Documentation and Registration Readiness

Before investing in any product, investors should check whether the brand has complete documentation, such as:

●       Notification certificate or herbal product registration certificate

●       List of extracts with COA (Certificate of Analysis)

●       Safety assessment reports

●       GMP documentation of the manufacturing plant

These documents are critical evidence of credibility and help protect investors in the long term.

Perspective for Consumers : Read the Label Correctly to Stay Safe

Many consumers believe that “cosmeceuticals” must be safer than ordinary cosmetics. In reality, however, the term “cosmeceutical” does not guarantee safety.

What consumers should check are:

(1) Notification / Registration Number

●       Cosmetics: 10- or 13-digit notification number (starting with 10-x-xxxxxxx)

●       Herbal products: registration numbers starting with HP

(2) Ingredients

●       Avoid products that do not disclose ingredients or that use phrases such as “secret formula,” because the Thai FDA requires that all key ingredients be listed.

(3) Advertising Claims

●       If you see words like “treats,” “instant results,” “100% safe,” you should be cautious.

●       Legally compliant products will communicate their benefits more carefully, e.g. “helps nourish the skin so it appears smoother” instead of “permanently removes wrinkles.”

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Future Trends of the “Herbal Cosmeceutical” Market

The Thai beauty market is worth more than 250 billion THB per year and continues to grow in line with the “Natural & Functional Beauty” trend. Consumers increasingly seek products that are naturally derived and safe.

Herbal cosmeceuticals therefore represent a golden opportunity for Thai investors
            but they must be built on a foundation of legal compliance and verifiable scientific data. Brands that can successfully combine “Thai herbal wisdom” with “modern extraction technologies” such as: Nano-encapsulation, Liposomes, Advanced biotech. will have high potential to compete in both domestic and international markets.

Understand Correctly, Communicate Clearly, and Build a Sustainable Brand

“Cosmeceutical” is not a legal product category; it is a marketing term.

            Therefore, brand owners and investors must understand the legal framework before developing and advertising products, in order to avoid legal risks and the loss of credibility in the market.

Consumers, likewise, should realize that the most important things are not the words printed on the label, but rather:

●       A valid notification or registration number

●       Safe ingredients

●       Test results that can be verified

Image name : “Cosmeceuticals” vs “Cosmetics”: The Correct Legal Understanding under Thai Law that Brand Owners, Investors, and Consumers Need to Know

NatureProf believes that building a truly sustainable beauty industry must begin with “correct understanding” and “transparent communication” among brands, investors, and consumers.

If you are a brand owner or investor who wants to develop herbal products or herbal cosmeceuticals that fully comply with Thai law and are supported by scientific safety and efficacy tests, NatureProf is ready to support you.

NatureProf (OEM / ODM factory) has a team of experts in cosmetics, herbs, and biochemistry, and offers end-to-end services—from formula design, testing, and documentation to product registration. You are welcome to contact us for more information.