Philip Morris fumes at Thailand cigarette pack rules

[webfact]

Philip Morris fumes at Thailand cigarette pack rules

File photo

BANGKOK, June 26, 2013 (AFP) - Tobacco giant Philip Morris and hundreds of Thai retailers vowed Tuesday to sue the kingdom's health authorities over new rules introducing bigger and more prominent anti-smoking warnings on cigarette packets.

The Tobacco firm, which makes the Marlboro brand, says the industry was not consulted before an April decision by Thailand's Health Ministry to extend health warnings from 50 to 85 percent on both sides of every cigarette packet sold in the country.

"Given the negative impact this policy will have on our trademarks and the fact the Ministry ignored our voice and the voices of thousands of retailers enacting this rule, we have no choice but to ask the court to intervene," company spokesman Onanong Pratakphiriya said in a statement, adding the lawsuit will be brought before July 4.

Philip Morris has fought bitter legal battles with governments before, most famously losing an action against a pioneering Australian government policy to introduce entirely plain cigarette packaging with the same typeface and graphic images of diseased smokers.

The Thai Tobacco Trade Association (TTTA), which represents 1,400 retailers across the kingdom, said it will also ask the courts to overturn the new rules.

"Everyone already knows that smoking is dangerous... Thailand has some of the biggest health warnings in the world, I can't see why the new requirement is necessary," said Varaporn Namatra of the TTTA.

The ruling is due to come into force in October.

Thailand's Deputy Health Minister Cholnan Srikaew swatted away the threat of legal action.

"We have the authority to do it... the law allows the ministry to do it," he said.

"We decided to enlarge the warning and picture because the number of new smokers is high and the age is younger," he said, adding that he hoped the enlarged pictures "will make new smokers rethink before they decide to smoke".

Thailand bans smoking in public places but figures from its Office of Tobacco Control said smoking rates among those 15 years and older remained roughly unchanged from 27.2 percent in 2009 to 26.9 in 2011.

The tobacco lobby has systematically tried to block laws curbing their ability to advertise their products or raise taxes on cigarettes, but more and more countries are adopting the approach as the health costs of smoking mount.

Last week European Union member states agreed to cover 65 percent of packaging with health warnings, but the new rule needs approval from the European Parliament to come into force.

The World Health Organization has raised concerns the tobacco lobby is seeking to reach new, mainly young consumers despite widespread bans on billboard and television advertising by sponsoring events, selling branded clothing and product-placement in reality TV shows

-- (c) Copyright AFP 2013-06-26

[Robby nz]

Hope the fumes from Philip Morris anent as poisonous or offensive as their product.

[khunsuar]

You can tell that Phillip Mprris has the public welfare uppermost in their minds.

[chooka]

Yea and they took the Australian Government to court on the same issue and lost. Then again they couldn't pay off the legal system in Aust so they might just have a chance in Thailand.

[webfact]

TOBACCO
Tobacco group to fight new health warnings in court
The Nation

BANGKOK: -- The Thai Tobacco Trade Association, which represents more than 1,400 retailers across Thailand, will petition the Administrative Court to invalidate the Public Health Ministry's "unconstitutional" decision to impose new warnings on cigarette packages.

An individual retailer and wholesaler are joining the association's suit, and Philip Morris (Thailand) is also bringing a similar case. At issue is a ministry notification that mandates graphic health warnings on 85 per cent of the front and back of cigarette packs. This rule was developed behind closed doors to avoid differences of opinion, without the input of the thousands of retailers whom the rule will burden most, and without the legal authority to impose this controversial requirement.

Varaporn Namatra, executive director of the association, said yesterday that the association had asked many times, but the ministry refused.

"Everyone already knows that smoking is dangerous. Thailand already has some of the biggest health warnings in the world. I can't see why the new requirement is necessary, especially when it will just complicate the work of so many hard working retailers. The association is just trying to make a living and it plays by the rules, and so should the ministry. No one should be able decide these kinds of things behind closed doors. The association has rights - starting with a right to be heard - which is why it is now asking the court to step in."

The association expects the regulation will lead to real problems for retailers, including higher operating costs, a likely consumer shift towards cheaper, lower-margin, roll-your-own tobacco, which is not subject to the new warnings yet makes up about half of all tobacco sold in Thailand, and new incentives for supply and demand in the black market to increase - where products are less expensive to buy, highly profitable to sell and often have smaller warnings or no warnings at all.

Retailers were not the only group that didn't have a voice in the notification. The process excluded key government ministries that should have been able to participate and closed the doors to adult smokers, wholesalers, distributors, manufacturers, importers and other parties that the requirement will burden.

Danai Surawattanawan, a Chiang Mai-based wholesaler and the owner of Saha Karnka store, said the government should listen to all sides of an issue before making decisions that hurt people like him.

"That's common sense, but the ministry didn't listen. It's trying to use powers that no one ever gave it. And it's making major decisions without working with other government ministries or talking to the small business owners that its policies burden.

"I am not happy that I have been treated this way. Having been denied a voice in the debate, the only choice I now have is to ask the court to help me," he said.

The association's case centres on the fact that the ministry overstepped its authority under Thailand's Tobacco Product Control Act by issuing a notification that conflicts with higher law. It also violated Thailand's due process requirements because it excluded the public and those whom this requirement will impact from voicing their views and failed to adequately assess the potential negative consequences of the requirement.

The cases will show that the notification is unconstitutional and disproportionate, prevents businesses from engaging in free and fair competition and disregards trademark protections under Thai and international law.

"Given the negative impact that this policy will have on our trademarks and packaging, and the fact that the ministry ignored our voice and the voices of thousands of retailers in enacting this rule, we have no choice but to ask the court to intervene.

"Ultimately, this requirement is not about increasing the public's awareness of the risks of smoking - which is universal. The ministry exempts half of the tobacco products sold in Thailand from the new warning. How does that make sense?

"In our view, this is a punitive measure. The ministry should have listened to all sides - and respected the rule of law - before imposing an illogical requirement that will change the marketplace so significantly," said Onanong Pratakphiriya, manager of communications and external affairs at Philip Morris (Thailand).

The parties will file their lawsuits before July 4 with the Bangkok Administrative Court. A final result is likely within 10-14 months.

The Thai Tobacco Trade Association was established in January last year with the objective of reflecting the perspectives of tobacco-product retailers, wholesalers and distributors towards tobacco-related issues in order to solve problems and concerns within the tobacco trading industry.

Meanwhile, Japan Tobacco Inc, Asia s biggest listed cigarette maker, said it sued the government of Thailand over a plan to increase the size of health warnings on cigarette packages, claiming the move is unconstitutional.

Thailand announced a plan in April to increase the size of graphic health warnings to 85 per cent of the cigarette package cover from the current 55 per cent.

Japan Tobacco filed a lawsuit in an Administrative Court on June 19 to block the plan, spokesman Hisashi Sekiguchi said in a phone interview today. The proposal violates Thailand s constitutional provisions guaranteeing freedom of expression, Japan Tobacco said. The Bangkokbased court confirmed the Thai unit of the Tokyobased company has filed a lawsuit against Pradit Sintavanarong, the country s health minister and two other officials.

Tobacco companies are engaged in a global effort fighting government moves to curtail cigarette advertising and curb smoking through graphic health warnings and elimination of branding. Australia has prohibited any tobacco company markings on cigarette packages, with New Zealand planning to do the same.


-- The Nation 2013-06-26

[PoodMaiDai]

Going to court over a 35% increase in warning on the packaging, when even 100% isn't going to stop anyone from smoking?

[BookMan]

Going to court over a 35% increase in warning on the packaging, when even 100% isn't going to stop anyone from smoking?

It might not stop a lot of people, but the fact that the tobacco companies fight it so hard indicates they do lose customers as a result of the packaging

[londonthai]

"smoking rates among those 15 years and older remained roughly unchanged from 27.2 percent in 2009 to 26.9 in 2011."

and the smoking rates for those 15y and younger increased from 73% to 74%

[anon210]

I confirm that these warnings are very good at scaring customers. An acquaintance of mine wanted to restart smoking... but is put off by the gory images on the packages.

Another proof that big tobacco is angry only because it is losing customers. No care whatsoever for the common good. Reminds me of that movie... "Thank you for smoking ".

[retell]

"We decided to enlarge the warning and picture because the number of new smokers is high and the age is younger,"

or give reading lessons and or glasses to the youth , making the text bigger and the picture does not make it more effective

[Andre0720]

``to extend health warnings from 50 to 85 percent on both sides of every cigarette packet sold in the country.``

Long time ago, these companies acquired the right to sell poison.

So of course they would like to keep it as secretive as possible, and a 50% poisonous indication was already pushing it a bit too much...

[gerrythepoet]

Seems quite bizarre for the sellers I have seen sell the packet take the cigarettes out and wrap them in a clear film and give it to the customer. In effect those that smoke are deterred only if they buy them from places like supermarkets but the roadside stalls and the local shops are smart enough to keep the business going. However Thailand loves to copy and in my opinion are just following suit with other countries to keep her in the good eyes of the International community.

[Ianatlarge]

Anyone who has spent any time in Thailand can see just how strong a hold tobacco has on people, particularly young people. This is a dismal and terrifying fact that will result in ever increasing and needless suffering, as well as a great burden on the health system. Tobacco is a toxic and addictive drug marketed by skilled propaganda technicians, designed to trick and delude people into smoking. These corporations specifically target the young. Thailand should implement a ban on advertising, enforce smoking bans, and promote a non-smoking culture.

[mic59]

Yea and they took the Australian Government to court on the same issue and lost. Then again they couldn't pay off the legal system in Aust so they might just have a chance in Thailand.

Good point, and I'm sure they thought of it. Their legal team is meant to be following the law but in this case what they are more interested in is whether the court is corrupt.

[sscsamui]

I for one support the Public Health Ministry..... fully...

Screw all that appose them.

The Health Ministry are thinking about the health of there population for a change

[ezzra]

Nothing will deter smokers from smoking like a stiff price rise, hit

them where it hurts, their pocket, and see that many will find smoking

is unhealthy to their budget...

[Andre0720]

Nothing will deter smokers from smoking like a stiff price rise, hit

them where it hurts, their pocket, and see that many will find smoking

is unhealthy to their budget...

If these people had a budget at all..

The problem back home is that smokers are generally the poor and uneducated people.

So rights activists complain that such measures target unfairly that given population...

[Thai at Heart]

Anyone who has spent any time in Thailand can see just how strong a hold tobacco has on people, particularly young people. This is a dismal and terrifying fact that will result in ever increasing and needless suffering, as well as a great burden on the health system. Tobacco is a toxic and addictive drug marketed by skilled propaganda technicians, designed to trick and delude people into smoking. These corporations specifically target the young. Thailand should implement a ban on advertising, enforce smoking bans, and promote a non-smoking culture.

The Thai tobacco monopoly and chop chop have the biggest market share in Thailand.

[Andre0720]

Anyone who has spent any time in Thailand can see just how strong a hold tobacco has on people, particularly young people. This is a dismal and terrifying fact that will result in ever increasing and needless suffering, as well as a great burden on the health system. Tobacco is a toxic and addictive drug marketed by skilled propaganda technicians, designed to trick and delude people into smoking. These corporations specifically target the young. Thailand should implement a ban on advertising, enforce smoking bans, and promote a non-smoking culture.

``Thailand should implement a ban on advertising, enforce smoking bans, and promote a non-smoking culture.``

Thailand does has smoking bans.

It has been my experience that the biggest offenders are farangs.

What are Thais supposed to get out of that picture???

[Redhawk]

If it is dangerous, it should be forbidden like other illegal drugs. Health departements are finaced through tax income of the tobacco industry, consumers and producers. Advertising companies, distributors, salesmen living on this. I want to see the government to abdicate these incomes but for sure not in the coming centuries. they tell you it is dangerous to wash their hands and keep the money coming!

[looping]

I can't quite believe that a tobacco company has the sheer gaul to sue a Health Ministry!

IMO, at this stage in the game they should be using their billions to diversify into something that doesn't kill people, something good like renewable energy, or something!

Is Phillip Morris run by robots? Shame on them!

[chooka]

Cigarette packaging is not going to deter those that are already addicted, you could wrap them in used hospital waste and they will still smoke. I believe the companies are concerned about the future customer as it's core base dies off. Companies need to push their product on the young to ensure their own survival at the expense of others.

[Thai at Heart]

I can't quite believe that a tobacco company has the sheer gaul to sue a Health Ministry!

IMO, at this stage in the game they should be using their billions to diversify into something that doesn't kill people, something good like renewable energy, or something!

Is Phillip Morris run by robots? Shame on them!

They have, they own most of Kraft foods to bring you yummy nutiritious processed foods, for example.

[PaulHamon]

Going to court over a 35% increase in warning on the packaging, when even 100% isn't going to stop anyone from smoking?

Maybe it's not about stopping, but more about starting.

[PaulHamon]

If it is dangerous, it should be forbidden like other illegal drugs. Health departements are finaced through tax income of the tobacco industry, consumers and producers. Advertising companies, distributors, salesmen living on this. I want to see the government to abdicate these incomes but for sure not in the coming centuries. they tell you it is dangerous to wash their hands and keep the money coming!

yes all recreational drugs to either be legal or illegal, not some random line in the ground.

[Donnie Brasco]

These ad people game like wizards, or, if a microcosmic analysis would serve better,

like witch doctors tasked with cultivating belief systems that promote product consumption.

The product here is a leaf that we shred, set on fire and whose toxic fumes we inhale.

Lifestyle fantasy is a huge part of consumer motivation.

Thai cigarette pack warnings are portals to reality.

Of course, reality is the enemy here.

There's way more to this deal but y'all get the picture.

These outfits don't give a rat's sphincter about everyday, garden variety, life as we know it.

[OzMick]

Yes Prime Minister episode "the Smoke Screen" produced in a time when many more people smoked is the ultimate laugh at this unfortunate addiction.

Sir Humphrey's claim that cigarette taxation exceeded the extra medical cost, and dying young reduces pension costs, so smokers were heroes, laying down their lives for their country was the perfect example of PS hypocrisy.

[mervyn yap]

Big sign or small.People who want to smoke don't give a sh*t.

[Thai at Heart]

Yes Prime Minister episode "the Smoke Screen" produced in a time when many more people smoked is the ultimate laugh at this unfortunate addiction.

Sir Humphrey's claim that cigarette taxation exceeded the extra medical cost, and dying young reduces pension costs, so smokers were heroes, laying down their lives for their country was the perfect example of PS hypocrisy.

I am amazed that they aren't encouraging it in Europe. Looking at how many Greeks smoke, it is probably their largest tax stream, on the basis that no one really pays income tax over there. LOL

The Germans put up tax on cigarettes by a large percentage about 10 years ago, all in one go, and the finance ministry had a fit about lost revenue.

[jackr]

Free advertising for PM.

As an aside, and if this trick works, perhaps Thailand's Health Ministry should consider incorporating images of road traffic accidents into the paintwork of new vehicles.