"7-Eleven wins support in cigarette ads debate
The Nation, Published on November 04, 2005
The Council of State yesterday sided with the 7-Eleven convenience-store chain in the dispute between the Public Health Ministry and CP Seven Eleven Plc over the ban on cigarette displays at points of sale. Porntip Jala, secretary-general of the Office of the 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 same-brand cigarette packets to attract consumers or intentionally displaying cigarettes so that shoppers would easily spot them.
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 them in the future. The ministry’s ban on cigarette displays at points of sale 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 sale 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."
Arthit Khwankhom
The Nation


