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Tobacco group fumes at rule
"We have no choice but to ask the court to intervene," said Ms
Onanong. 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, director-general 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."
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