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Last updated: December 19th 2019

Action Required for Advertising, Promotion and Sponsorship Not Banned

Disclosure to the government by the tobacco industry of information on advertising, promotion and sponsorship activities and expenditures

Required
Analysis:

The Tobacco Products Control Act of 2017 requires manufacturers and importers of tobacco products to report the quantity of tobacco products manufactured or imported into Thailand, and amounts spent on marketing, revenue, and advertising, promotion and sponsorship to the National Tobacco Products Control Board annually.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to disclosure to the government by the tobacco industry of information on advertising, promotion and sponsorship.

Law Source, Section

Health warning messages required on permitted forms of tobacco advertising, promotion and sponsorship

Not Required
Analysis:

Although the intent of the law is a comprehensive ban on tobacco advertising, promotion and sponsorship, the law allows or is unclear regarding some forms of sponsorship.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the warning requirement should clearly apply to all forms of tobacco sponsorship not banned or not clearly banned and to those very limited commercial communications, recommendations, or actions that might continue after a comprehensive ban. Further, FCTC Art. 13 Guidelines para. 40 provides that Parties should consider requiring that health warning messages be given at least equal prominence to the advertising, promotion or sponsorship.

Disclosed information readily available to the public

Not Required
Analysis:

Although the law requires tobacco industry disclosure of amounts spent on tobacco advertising, promotion and sponsorship, the law does not explicitly require that disclosed information be readily available to the public.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law or implementing regulations should address how this disclosed information will be made readily available to the public.