Consumers Are Not the Weaker Party! Unsafe Chinese Products? You Have the Full Right to Sue the Seller

In today’s era, where anyone can easily import products from China and sell them online via popular platforms such as Shopee, Lazada, TikTok Shop, or Facebook Marketplace, many consumers have unknowingly become victims of non-standard products.

These low-cost products often come without safety certifications, lack proper customs documentation, and in many cases are not authorized by relevant government agencies such as the Thai Industrial Standards Institute (TISI) or the Food and Drug Administration (FDA) for food, cosmetics, or body-related products. Furthermore, many of these products do not have proper import documents or paid customs taxes as required by law. So when a consumer experiences harm from using the product—such as electrical short circuits, fire, injury, or property damage—they often receive no compensation. Some sellers even deny responsibility, claiming the products were manufactured abroad or that they’re “just a middleman.”

But Thai consumers have full rights to hold the seller accountable.
Today, Wongsakorn Law Office will share ways to legally protect yourself against irresponsible sellers.

How Can You Tell If the Product You Bought Is Non-standard?

Most consumers make decisions based on price, reviews, or personal preference, often overlooking safety and quality—leading to financial loss or even danger to life.

Together with our legal team and consumer law specialists, here are easy ways to check and protect yourself before it’s too late:

✅ 1. No Certification Mark (TISI or FDA)

  • Electrical appliances or household items must have the TISI logo.
  • Food, drugs, cosmetics must have FDA approval number.
    If there’s none, the product is non-compliant by law.

✅ 2. No Thai-language Label

  • As per the Consumer Protection Committee, all products sold in Thailand must have clear Thai labels showing instructions, ingredients, warnings, etc.
  • If the label is only in Chinese or English, and lacks Thai = illegal and likely substandard.

✅ 3. Unusually Low Price / No Clear Source

  • If the product is significantly cheaper than market price, it may be a defective batch or substandard.
  • If the seller cannot provide the importer’s name or source, that’s a big red flag.

✅ 4. No Warranty / No Seller Contact Info

  • Standard goods often include a warranty or at least customer service contact.
  • Buying from nameless pages or shops without return policies = high risk.

✅ 5. Suspicious Packaging

  • Check for signs like tampered boxes, dents, blurry printing.

Fake or counterfeit products usually use cheap packaging to cut costs.

 If There’s No TISI or FDA Approval – You Can Sue!

If the product you purchased lacks TISI or FDA certification and causes damage like injury, fire, or property loss—you can sue the seller under:

  • The Consumer Protection Act B.E. 2522
  • Civil and Commercial Code

Even if the item was imported from China, if sold in Thailand, the Thai seller is fully liable.
If the seller is foreign, then you can review import documents and pursue legal action under Thai law.

Key Situations Where You Can Take Legal Action:

1. Non-standard product causes injury or accident

E.g. Air fryer, charger, or electronic device without TISI mark catches fire or causes electric shock.
→ You can file a civil lawsuit and notify government agencies to inspect the product.

2. You weren’t informed clearly about the product

If the seller did not state the product lacks TISI/FDA approval, or didn’t have the required licenses
→ This is considered false advertising or concealment of information under the law.
→ File a complaint with the Office of the Consumer Protection Board (OCPB).

3. Thai sellers are responsible, even for Chinese imports

As per Section 41 of the Consumer Protection Act B.E. 2522, sellers are liable for any damage caused by products they sell, even if they didn’t manufacture them.
→ Acting only as an importer or reseller does not exempt them from legal liability.

 Related Laws:

  • Consumer Protection Act B.E. 2522
  • Customs Act B.E. 2560 – to check if import taxes were properly paid
  • Civil and Commercial Code Section 420 – Liability from wrongdoing (tort)

Industrial Product Standards Act B.E. 2511 – For TISI certification

How Consumers Can Protect Themselves:

  • Keep evidence of your online purchases (product photos, receipts, chat logs).
  • If there’s an issue, contact the seller immediately and record all communications.
  • If the seller refuses to cooperate, consult a lawyer or contact OCPB.

In severe cases (e.g. fire, injury), you can file a police report and sue for compensation.

Consulting a Lawyer from Wongsakorn Law Office = Safer

Lawyer Arm, a consumer protection expert, stated “Consumers have the legal right to sue and claim compensation from sellers who cause them harm. You shouldn’t be afraid or think you’re fighting alone. The law is made to protect consumers just like you.”

If you’re a consumer affected by low-quality imported products from China or other countries, don’t wait for the issue to disappear. Consult a lawyer first to get the right legal advice. Lawyers can help you file complaints with OCPB or file a civil lawsuit for damages and fair treatment.

At Wongsakorn Law Office, we have expertise and long-standing experience in handling such consumer cases. Our team of lawyers and legal assistants are specialists in various consumer claims, and have delivered satisfying outcomes for many clients. Contact Wongsakorn Law Office Today – We’ll help protect your rights.

👉 To ensure you get the justice you deserve >> Contact Us <<

Reference :   https://www.mmthailand.com/cheap_china_product_threat/ 

Written by : Wararat Wongpothisarn (Internship Student in Chinese Language)

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