Published on November 03, 2005

Council of states rules that advertising only illegal if intentional; Public Health vows to arrest and send cases to court

The Council of State Thursday sided with the 7-Eleven convenient store chain in the dispute between the Public Health Ministry and CP Seven Eleven Plc over the ban on cigarette displays at points of purchase.

Porntip Jala, secretary-general of the Office of Council of State, ruled that cigarette advertising was only illegal if it was intentional.

In a memorandum sent to the ministry’s Disease Control Department, which also oversees tobacco control, the council said illegal advertising tactics included piling up same-brand cigarette packets to attract consumers or intentionally displaying cigarettes so that they can be easily viewed by shoppers.

However, the memorandum stated that the Council of State would recommend an amendment to the law prohibiting all forms of cigarette displays if the government intends to completely ban cigarette displays in the future.

The ministry’s ban on cigarette displays at points of purchase came into effect on September 24. The ministry insisted that the ban was constituted by the 1992 Tobacco Product Control Act.

The Thailand Tobacco Monopoly asked the Council of State to interpret the law and decide whether or not cigarette displays at points of purchase could be deemed as advertising, which is illegal under Thai law.

The Public Health Ministry vowed to take tough action against the chain store when CP Seven Eleven resolved to ignore the ban.

Dr Narong Sahamethaphat, deputy director-general of the Disease Control Department, said the ministry intended to file complaints with police seeking the arrest of 7-Eleven operators who violated the ban.

Dr Hatai Chitanondh, chairman of the Thai Health Promotion Institute and a member of the ministry’s tobacco control committee, shrugged off the Council of State’s interpretation of the law.

“Let the court rule - the Council of State is not the court,” he said.

Before the Council of State’s interpretation of the displays, Crime Suppression Division officials refused to take any action against CP Seven Eleven operatives when they continued to display cigarette packets.

“As the Council of State ruled, they need to make changes to the law if they want to ban cigarette displays,” said Suwit Kingkaew, vice-president of CP Seven Eleven.

He said 7-Eleven stores would continue its policy of displaying only 50 cigarette packets instead of 77, as it did before the ban was implemented. However, cigarette shelves will not be moved from their position behind the main counter because that is the most convenient place for employees to reach the packets.

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