TTTA to sue ministry over 'illogical' change. The Thai Tobacco Trade Association (TTTA) plans to sue the Public Health Ministry next week over its new law ordering tobacco firms to enlarge existing warning labels to cover 85% of the total visible space on cigarette packs.
Onanong Pratakphiriya, the manager for communications and external affairs at Philip Morris (Thailand), said the ministry should have listened to all sides before imposing an illogical requirement.
The requirement does not increase public awareness about the potential impacts of smoking, but only punishes business operators, she said.
"Given the negative impact this policy will have on our trademarks and packaging and the fact the ministry ignored our voice and those of thousands of retailers in enacting this rule,we have no choice but to ask the court to intervene," said Ms Onanong.
The new law, which was announced on Feb 1, increased the minimum warning size from the current 55% to 85%.The 55% requirement was initiated in 2010 as part of a public campaign to discourage smoking.
Ms Onanong said the new regulation means less space will be available for the company's trademark.
Philip Morris, which manufactures Marlboro and L&M in Thailand, has a 20% market share in Thailand.
The National Statistical Office reports since the requirement in 2005 for graphic health warnings covering half the front and back of packets, the smoking rate in Thailand has remained relatively stable 19% in 2005 and 18.4%in 2011.
A 2011 Global Adult Tobacco Survey conducted by the World Health Organization (WHO) found 97% of adults are already aware of the dangers of smoking, said Ms Onanong.
The TTTA, a group of 1,400 retailers,wholesalers and distributors, will file its lawsuit by July 4 with the Administrative Court. A final result is likely within 10-14 months.
TTTA executive director Varaporn Namatra said the regulation would lead to problems for retailers including higher operational costs as well as a likely consumer shift to cheaper self-rolling tobacco, which is not subject to the new warning criteria yet makes up about half of all tobacco sold in Thailand.
"I believe the public health minister has knowledge, but he obviously has never sold these products," she said.
If the plan is approved, Thailand would have the world's largest graphic warnings on cigarette packs, topping Australia's 82.5% coverage.
Pornthep Siriwanarangsun, directorgeneral of the Disease Prevention and Control Department, told the Bangkok Post the association has the right to file a lawsuit.
"But we have a legal right to announce this packaging regulation.It is for the protection of our people's health," he said.
"We aren't concerned about the lawsuit."
The WHO's Framework Convention on Tobacco Control allows public health ministries to implement measures without getting feedback from tobacco traders, said Dr Pornthep.
Warning labels taking up 50% or more of cigarette packaging are recommended in the framework.
Source: Bangkok Post June 26, 2013
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