LANGUAGE
Last updated: December 19th 2019

Penalties

Activities / Violations
Entities That Can Be Held Responsible
Sanction(s)
 

Advertising and Promotion

Manufacturers, importers, advertising agencies, and any other person or entity associated with tobacco advertising and promotion
Fine, Jail
Enforcement Agency

Ministry of Public Health

Analysis

Violators of Arts. 30 and 31 of the Tobacco Products Control Act of 2017 are subject to "imprisonment for not more than six months or a fine of not more than 50,000 baht, or both." If a violation is committed by a manufacturer, importer, or exporter of tobacco products, or by an advertising agency or a marketing communications agent, the violator shall be subject to imprisonment for not more than one year or a fine of not more than one half the expenditure for the advertisement or marketing communication, but in no case less than 1,500,000 baht, or both imprisonment and a fine. In addition, violators shall be subject to an additional fine of not more than 50,000 baht per day for the duration of the violation, or until the day that compliance is achieved.

Brand stretching violations are subject to fines from 50,000 to 200,000 baht. If the violator is a manufacturer or importer, that person is subject to penalties three times greater.

An operator of an establishment who aids in the promotion of a tobacco product is subject to imprisonment for not more than one year or a fine of not more than one half of the expenditure for the forbidden activity, but not less than 1,500,000, or both. If the violator is a member of the tobacco industry, the violator is subject to imprisonment for not more than one year or a fine of not more than 500,000 baht, or both.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for a range of penalties commensurate with the severity of the violation. To more fully align, the drafters of the law should also consider additional penalties such as license suspension or revocation.

Law Source, Section

Sponsorship

Other
Enforcement Agency

Ministry of Public Health

Analysis

The law does not explicitly prohibit tobacco industry sponsorship and, therefore, there are no associated penalties. However, the law prohibits most publicity of tobacco sponsorship and, in that instance, the penalties for advertising and promotion would apply.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban all tobacco industry sponsorship, not just publicity thereof, and impose associated penalties for violations.