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Prof. Dr. Prakit Vathesatogkit, the Executive Secretary of ASH Thailand reported on the news that Philip Morris International obtained a green light from an English Court to sue through the European Court of Justice claiming illegitimacy in adopting practices for tobacco control (The EU?s Tobacco Products Directive 2014) which were approved by the European Union (the EU) and its member countries since last April. Philips Morris claimed that these practices are against an agreement between the Europe Union and its member countries, and also conflicts with consumers? rights baring limits on free movement of products and restrictions on competition in the market. They claim these practices are beyond the scope of EU authority; for example, to prohibit the use of menthol as an ingredient in cigarette production, and to encourage the EU member countries to adopt legislation such as cigarette plain packaging which would be an obstacle to the free movement of tobacco products and could contribute to cigarette smuggling. They also claim these practices provide EU member countries authority to enact various provisions which are unlikely to comply with the Charter of the Europe Union. However, the key issues in the practice guidelines for tobacco control of the EU are: (1) the 65% pictorial warnings on the front and back of cigarette packages, with the increase in warnings on the top cover of the cigarette packages, (2) banning cigarette packages having shapes like lipsticks, targeting women to increase market share, (3) prohibiting selling less than 20 cigarettes per package, (4) specifying that all types of Roll ? Your ? Own cigarettes have pictorial warnings, (5) prohibiting having menthol, fruit and vanilla flavorings in cigarettes, (6) controlling nicotine levels in electronic cigarettes, and (7) having a uniform product tracing system to counter cigarette smuggling throughout EU member countries.

Prof. Dr. Prakit Vathesatogkit said that cigarettes is the most common consumer products in court cases in local courts, the World Trade Organization and in international arbitration as many countries gradually issue tobacco control legislation under obligations of the WHO Framework Convention on Tobacco Control (WHO FCTC). The WHO FCTC has 179 member countries covering 90% of the world?s population. The purpose of the WHO FCTC is to protect present and future generations from the serious dangers of tobacco.

Several countries have been able to control the prevalence of cigarette smoking to lower than 20%, with an announced target to reduce the prevalence to less than 5% or the so-called ?End Game? level. These countries are Australia, New Zealand, Finland, Singapore, and a few others. For Thailand, smoking still remains high at 40% for Thai males and 2% for Thai females.

Request additional information, please contact:
Prof. Dr. Prakit Vathesatogkit, Action on Smoking and Health Foundation (ASH Thailand)
Tel.: 0-2278-1828 / 08-1822-9799