Thailand: Tobacco Case ''Will Set Region Standard''

Source from:  Bangkok Post (th)  08/12/2013

The Central Administrative Court's impending ruling on the enlargement of cigarette health warnings will set a precedent for other countries planning to strengthen tobacco regulation, health activists say.

The Thai Tobacco Trade Association (TTTA) lodged a complaint with the court on June 26, asking it to issue an injunction suspending the enforcement of a new regulation requiring tobacco warning labels to cover 85% of the total visible packaging surface.

The current regulation requires warning labels to cover 55% of the packaging.

The TTTA——a group of 1,400 cigarette retailers, wholesalers and distributors——claimed the Public Health Ministry issued the regulation without input from stakeholders and violated tobacco firms' right to use their trademarks.

It asked the court to suspend the enforcement of the regulation, set to come into effect on Oct 2, until a formal ruling is delivered.

The group is also asking for the regulation to be abolished.<

''This is an important public health case and anti-tobacco movements in many countries are keeping a close watch on the ruling,'' Prakit Vathesatogkit, secretary-general of the Action on Smoking and Health Foundation (Ash) said.

Dr Prakit expected the court to decide on the injunction request by the end of this month.

If the court rejects the TTTA's petition and allows the ministry to enforce the regulation, it would support moves by other countries, especially in Southeast Asia, that plan to enlarge health warning labels on cigarette packaging, he said.

Four Asean countries have already adopted a regulation enforcing tobacco manufacturers to publish health warning labels on packages, Dr Prakitsaid. They are Singapore, Thailand, Malaysia, and Brunei.

Vietnam and Indonesia are expected to announce similar regulations later this year, he said.

''I believe the tobacco manufacturers' lawsuit against the ministry is aimed at sending a warning message to other governments that they should not follow in Thailand's footsteps,'' he said.

''No matter whether the ministry wins or loses this case, it should be applauded for coming up with this regulation.''

Jirawat Yoosabai, the ministry's lawyer in charge of the case, said the court had already completed oral hearings from TTTA and the ministry.

''We've told the court that the regulation will help prevent youths and non-smokers from trying tobacco products, though it may not encourage smokers to kick the habit,'' he said.

This means tobacco companies will lose little immediate revenue when the regulation is enforced, he said.

Mr Jirawat said the TTTA told the court that the regulation would force them to revise their package printing machines, which would cost each manufacturer about 9.6 million baht.

''The figure is very small when compared to the huge profits from the sale of tobacco,'' he said.

Tobacco giant Philip Morris Inc earns more than 200 billion baht in annual profits from the sale of cigarettes worldwide, the lawyer said, quoting ministry figures.

He said the court had asked for additional evidence from both sides.

The ministry has submitted academic research and surveys demonstrating the benefits of health warnings, he said.

The TTTA was asked by the court to submit additional evidence explaining the claimed financial losses the regulation would cause, Mr Jirawat said.

The lawyer believed the judge would decide on the injunction request soon as the Oct 2 enforcement date is less than two months away. Enditem