Alcohol Advertising Ban Invalid

[Jai Dee]

Office of Council of State rules FDA 24-hour ban on alcohol advertising invalid

The Office of the Council of State has indicated that the announcement by the Food and Drugs Administration concerning around-the-clock banning of alcoholic drinks has no legal effect.

Deputy director-general of the Disease Control Department, Md. Narong Sahamethaphat (ณรงค์ สหเมธาพัฒน์), said that the Ministry of Public Health will comply with the ruling by the Council of State but if there are adequate reasons then it will ask the Office of the Council of State to review the ban once again. He said consultancy will be sought with the committee responsible for legal affairs this weekend.

Md. Narong added that on November 27th, Public Health Minister Mongkhol Na Songkhla (มงคล ณ สงขลา) will discuss the use of this alcohol advertising banning law, which would still exist.

He said the ruling by the Office of the Council of State indicating that the FDA's announcement is invalid because it is not going in accordance with the consumer protection Act.

Thus, the FDA-imposed ban is considered an announcement with no legal effect.

Source: Thai National News Bureau Public Relations Department - 25 November 2006

[Jai Dee]

Alcohol makers 'fight back'

Alcohol companies have initiated a fierce movement to have the total ban on alcohol advertising - due to take effect on December 3 - aborted, said Chamlong Srimuang, who is now a member of the National Legislative Assembly.

"The movement is using legal actions to cushion the expected opposition from the public [if it is successful]," Chamlong said.

"The Council of State was so quick to accept the matter for consideration," he added, speaking on the council's decision to consider a complaint filed against the ban through Prime Minister Surayud Chulanont.

"I want to warn those who are behind the movement ... you are causing huge damage to society," he said.

Chamlong said the ban on alcohol advertising was a remarkable effort to create a clean environment for youngsters and had been proposed during the past government's tenure but had been repeatedly rejected by those who had "higher power".

"If the ban, which has high public support, is put on hold by this government, I can't help worrying about the future of it as well as of the nation," said Chamlong, who jointly led street campaigns against ousted Prime Minister Thaksin Shinawatra earlier in the year.

Dr Narong Sahametapat, deputy director general of the Public Health Ministry's Disease Control Department, said yesterday that the Council of State had questioned the ministry about the complaint against the ban, which presumably was filed by a group of alcohol companies.

He said the council questioned if such a ban was legitimate, to which the ministry replied that it had already been considered by a panel of public law experts.

"We're pretty sure it's legitimate," Dr Narong said.

In response to the legal argument expected to be used against the ban, which claims that the ban is illegitimate because there are already laws that govern such matters, Thammasat University lecturer and member of the Assets Examination Committee, Assistant Professor Banjerd Singkaneti, said similar exceptions had already been made to regulate cigarettes and motorbikes. It was a matter of legal interpretation, he said, which in the case of cigarettes and motorbikes had to consider the public interest.

"If it's ruled that the ban on alcohol is not lawful, they will have to reconsider similar directives that have existed for more than a decade," he said.

Dr Pirote Ningsanonda, a member of the council's committee that is considering the matter, confirmed the council would discuss the ban and opposition to it on Thursday.

An informed source said the council's committee might consider allowing some alcohol advertising, as requested by alcohol companies.

Meanwhile, Dr Suphan Srithamma, a spokesman for the Public Health Ministry, said the ministry would proceed with the ban and had called a meeting of chief health officers from all provinces next Monday to explain the ban before it comes into effect.

Source: The Nation - 25 November 2006

[Buckwheat]

I'll drink to that!!!

[Cyberstar]

He said the ruling by the Office of the Council of State indicating that the FDA's announcement is invalid because it is not going in accordance with the consumer protection Act.

Wow! They do have a consumer protection Act!? Wondering what consumer protection the banning of alcohol ads could be "attacking"?

[womble]

Alcohol makers 'fight back'

Alcohol companies have initiated a fierce movement to have the total ban on alcohol advertising - due to take effect on December 3 - aborted, said Chamlong Srimuang, who is now a member of the National Legislative Assembly.

"The movement is using legal actions to cushion the expected opposition from the public [if it is successful]," Chamlong said.

"The Council of State was so quick to accept the matter for consideration," he added, speaking on the council's decision to consider a complaint filed against the ban through Prime Minister Surayud Chulanont.

"I want to warn those who are behind the movement ... you are causing huge damage to society," he said.

Chamlong said the ban on alcohol advertising was a remarkable effort to create a clean environment for youngsters and had been proposed during the past government's tenure but had been repeatedly rejected by those who had "higher power".

"If the ban, which has high public support, is put on hold by this government, I can't help worrying about the future of it as well as of the nation," said Chamlong, who jointly led street campaigns against ousted Prime Minister Thaksin Shinawatra earlier in the year.

Dr Narong Sahametapat, deputy director general of the Public Health Ministry's Disease Control Department, said yesterday that the Council of State had questioned the ministry about the complaint against the ban, which presumably was filed by a group of alcohol companies.

He said the council questioned if such a ban was legitimate, to which the ministry replied that it had already been considered by a panel of public law experts.

"We're pretty sure it's legitimate," Dr Narong said.

In response to the legal argument expected to be used against the ban, which claims that the ban is illegitimate because there are already laws that govern such matters, Thammasat University lecturer and member of the Assets Examination Committee, Assistant Professor Banjerd Singkaneti, said similar exceptions had already been made to regulate cigarettes and motorbikes. It was a matter of legal interpretation, he said, which in the case of cigarettes and motorbikes had to consider the public interest.

"If it's ruled that the ban on alcohol is not lawful, they will have to reconsider similar directives that have existed for more than a decade," he said.

Dr Pirote Ningsanonda, a member of the council's committee that is considering the matter, confirmed the council would discuss the ban and opposition to it on Thursday.

An informed source said the council's committee might consider allowing some alcohol advertising, as requested by alcohol companies.

Meanwhile, Dr Suphan Srithamma, a spokesman for the Public Health Ministry, said the ministry would proceed with the ban and had called a meeting of chief health officers from all provinces next Monday to explain the ban before it comes into effect.

Source: The Nation - 25 November 2006

Not completely sure then!

Business as usual in LOS.

This aint gonna go through, certainly not how it's planned at the moment. They'll be some face saving changes made and what we'll be left with is pratically the same as before.

Why don't they put their effort into stopping drink driving and other forms of dangerous driving. It's the scurge of the nation, far worse than a few bottles of beer or a bottle of Johnny Black.

Make Lao Khao illegal, jeez it's nearly as bad as crack!!!

Until they do something about the lao Khao situation, i'll just laugh to myself everytime I hear some new proposal to curb alcohol sales, all of which have no impact on the only real serious problem drink in the country.

Get rid of Lao Khao and you get rid of 90% of the problem. If you can't make it illegal then tax it so heavily people switch to beer.

We've all been saying it for ages, it is the best solution, but they'll just keep on bringing up these ridiculous ideas that have little impact on demand.

[cclub75]

Another episode in the Great Thai Drama : "Ban or Not Ban ?".

The ban is delayed... for one month.

Keep going on guys, the entertainement is perfect. Too bad it casts a burlesque light again on thai authorities.

The Food and Drug Administration (FDA)-initiated ban on alcohol advertising will be postponed for 30 days pending a review by the Council of State into its ruling that the ban is invalid, the Food Committee announced Tuesday.

The ban was initially scheduled to take effect from December 3 onward.

The committee's chairman Dr Kittisak Klabdee, who is also serving as the acting permanent secretary for Public Health, said the FDA-initiated ban would not take effect as his ministry wished to hear the review result first.

"But whatever the review result is, we will accept it," he said.

Last week, the Council of State has ruled that FDA had no mandate to comprehensive ban the alcohol advertising.

But while the FDA-initiated ban on advertising hit the snag, the Public Health Ministry's Alcohol Control Bill sailed through the Cabinet Tuesday.

The Nation

http://www.nationmultimedia.com/breakingne...newsid=30020197