EABC Statement On Recent News Of The Public Health Ministry Drafting Regulation

Bangkok, 22 November 2018 – The European Association for Business and Commerce (EABC) regrets to hear about recent reports that the Public Health Ministry are drafting regulation requiring tobacco products to be sold in packaging without having any brand trademarks and logos.

The EABC recognizes and respects the rights of the Royal Thai Government to protect its citizens and to implement proportionate regulations to ensure the health of the population. However, EABC firmly believes that stripping away a company’s brand trademark and logo that ultimately helps consumers identify products and differentiate them, will greatly impact its commercial freedom and ability to compete. EABC considers branded packaging to be key for fair competition and that the introduction of packaging without any logos or brand trademarks will make it difficult for consumers to distinguish between products. The law will therefore limit consumer choice.

The EABC has a long standing positon to promote intellectual property protection in Thailand. Banning branding raises a potential for illicit trade which negatively impacts the government tax revenue and undermines public health objectives and efforts to prevent adolescents from smoking.

Given the lack of reliable evidence that plain tobacco packaging works, there seems a vast negative impact on consumers, trademark owners and government revenue, and the strategically significant area of IP for the future of Thailand’s economy. Instead, EABC believes preventing children from having access to tobacco along with education and awareness campaigns are better targeted and have more impact to reduce overall smoking rates. Many countries including Japan have successfully done so.