Thailand

The law contains a general ban on tobacco advertising and promotion (Art. 30) and explicitly prohibits tobacco advertising "upon or within printed matter, tapes or other video media, motion pictures, radio broadcasts, television broadcasts, electronic media, computer networks, or advertising signs" (Art. 31). Therefore, tobacco advertising is prohibited on domestic TV and radio.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising on domestic TV and radio.

The law contains a general ban on tobacco advertising and promotion (Art. 30) and explicitly prohibits tobacco advertising "upon or within printed matter, tapes or other video media, motion pictures, radio broadcasts, television broadcasts, electronic media, computer networks, or advertising signs" (Art. 31). Therefore, tobacco advertising is prohibited in domestic newspapers and magazines.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising in domestic newspapers and magazines.

The law contains a general ban on tobacco advertising and promotion (Art. 30) and explicitly prohibits tobacco advertising "upon or within printed matter, tapes or other video media, motion pictures, radio broadcasts, television broadcasts, electronic media, computer networks, or advertising signs" (Art. 31). Therefore, tobacco advertising is prohibited in domestic print media, such as pamphlets, leaflets, flyers, posters, and signs.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising in domestic print media.

The law contains a general ban on tobacco advertising and promotion (Art. 30) and explicitly prohibits tobacco advertising "upon or within . . . radio broadcasts, television broadcasts, [and] electronic media . . ." (Art. 31). However, the law does not explicitly address tobacco advertising and promotion via international or cross-border TV and radio. Due to this, the regulatory status code "Uncertain" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion is prohibited via international or cross-border, as well as domestic, TV and radio.

The law contains a general ban on tobacco advertising and promotion (Art. 30) and explicitly prohibits tobacco advertising "upon or within printed matter . . ." (Art. 31). However, the law does not explicitly address tobacco advertising and promotion via international or cross-border newspapers and magazines. Due to this, the regulatory status code "Uncertain" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising and promotion is prohibited via international or cross-border, as well as domestic, newspapers and magazines.

The law contains a general ban on tobacco advertising and promotion (Art. 30) and explicitly prohibits tobacco advertising "upon or within printed matter, tapes or other video media, motion pictures, radio broadcasts, television broadcasts, electronic media, computer networks, or advertising signs" (Art. 31). "Internet communications" take place through "electronic media" and "computer networks." Therefore, tobacco advertising is prohibited through internet communications.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising through internet communications.

The law contains a general ban on tobacco advertising and promotion (Art. 30) and explicitly prohibits tobacco advertising "upon or within printed matter, tapes or other video media, motion pictures, radio broadcasts, television broadcasts, electronic media, computer networks, or advertising signs" (Art. 31). Outdoor advertising - e.g., billboards and posters - falls under the categories of printed matter and advertising signs and is, therefore, prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to outdoor advertising of tobacco products.

The law contains a general ban on tobacco advertising and promotion (Art. 30) and explicitly prohibits tobacco advertising "upon or within printed matter, tapes or other video media, motion pictures, radio broadcasts, television broadcasts, electronic media, computer networks, or advertising signs" (Art. 31) as wells as "promotion of tobacco consumption" (Art. 35). This effectively covers all types of advertising and promotion at point of sale. The law permits at point of sale only the names and prices of tobacco products for sale (Art. 36).

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale advertising and promotion.

The law prohibits the display of tobacco products on retail establishment premises.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale product display.

The law contains a general ban on tobacco advertising and promotion (Art. 30) and explicitly prohibits tobacco advertising "upon or within printed matter . . . ." Because tobacco advertising through conventional mail necessarily involves advertising on printed matter, tobacco advertising through conventional mail is banned. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion through conventional mail.

The law contains a general ban on tobacco advertising and promotion (Art. 30) and explicitly prohibits tobacco advertising "upon or within . . . electronic media . . . ." Electronic media includes telephone and cellular (mobile) phone and, therefore, tobacco advertising and promotion by telephone and cellular phone is banned.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion by telephone and cellular phone.

The law contains a general ban on tobacco advertising and promotion (Art. 30) and explicitly prohibits the display of the name or symbol of a tobacco product or tobacco manufacturer on "advertising signs" and on "a provided service" (Art. 31). The law further prohibits an operator of an establishment from aiding any person or organization in promoting, advertising or building up the image of a tobacco product (Art. 35). Taken together, these provisions prohibit brand marking on physical structures.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand marking.

The Tobacco Product Control Act of 2017 prohibits the distribution of free samples of tobacco products.

The law aligns FCTC Art. 13 and the FCTC Art. 13 Guidelines, and meets FCTC Art. 16 (sales to and by minors) with respect to free distribution of tobacco products.

The Tobacco Products Control Act of 2017 explicitly prohibits the sale of tobacco products by "distributing, adding, giving, or exchanging tobacco products for merchandise, services, or other benefits"; discount sales promotion; or offering "any other benefit for the purchases of tobacco products." In addition, the law broadly prohibits advertising or conveying a "marketing communication" for tobacco products. "Marketing communications" is defined as "any kind of action, [including] . . . promotion of sales . . . where the intent is to sell goods or services or to create an image." Taken together, these provisions prohibit all promotions with a tobacco product purchase. The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotions with a tobacco product purchase.

The Tobacco Products Control Act of 2017 prohibits the advertisement of a of the name or symbol of a tobacco product or tobacco product manufacturer in a "competition" or "contest" and in "printed matter, tapes or other video media, motion pictures, radio broadcasts, television broadcasts, electronic media, computer networks, or advertising signs." Thus, advertisement of competitions associated with tobacco products is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to competitions associated with tobacco products.

The Tobacco Products Control Act of 2017 broadly prohibits advertising or conveying a "marketing communication" for tobacco products. "Marketing communications" is defined as "any kind of action, whether via . . . direct marketing, marketing or sales promotion by specific persons . . . where the intent is to sell goods or services or to create an image." Direct person-to-person targeting falls under the categories of direct marketing and sales promotion by specific persons and is, therefore, prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to direct person-to-person targeting of individuals.

The Tobacco Products Control Act of 2017 prohibits the display of the names or symbols of a tobacco product, tobacco product manufacturer, or importer on a product other than a tobacco product. The advertisement and sale of such products is also prohibited. Therefore, brand stretching is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand stretching.

The law does not address reverse brand stretching. Therefore, the law is interpreted as allowing reverse brand stretching.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that reverse brand stretching is prohibited.

The law prohibits the production, sale, and import of "products having an appearance suggesting that they are modeled after tobacco products." Therefore, toys that resemble tobacco products are prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to toys that resemble tobacco products.

The law prohibits the production, sale, and import of "products having an appearance suggesting that they are modeled after tobacco products." Therefore, candy that resembles tobacco products is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to candy that resembles tobacco products.

The Tobacco Products Control Act of 2017 broadly prohibits advertising or conveying a "marketing communication" for tobacco products (Art. 30). "Marketing communications" is defined as "any kind of action, whether via . . . promotion of sales, displays at the point of sale [or] . . . marketing or sales promotion by specific persons . . . where the intent is to sell goods or services or to create an image." This provision could be interpreted to prohibit retailer incentive programs. However, because the interpretation of this provision is not entirely clear, the regulatory status "Uncertain" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that all forms of tobacco advertising and promotion, including retailer incentive programs, are prohibited.

The law contains a general ban on tobacco advertising and promotion (Art. 30) and explicitly prohibits the advertisement of a of the name or symbol of a tobacco product or tobacco product manufacturer "or any mark or other thing to cause the public to understand that such name or symbol is the name of a tobacco product or of a tobacco product manufacturer or importer" in "tapes or other video media, motion pictures, radio broadcasts, [and] television broadcasts" and in "an entertainment hall or a motion picture theater, or within a performance, [and/or] entertainment" (Art. 31). Thus, paid placement of tobacco products in TV, film, and other media is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement.

The law does not address unpaid depiction of tobacco use or tobacco products in media. Therefore, the law is interpreted as allowing unpaid depiction of tobacco use or tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should address unpaid depiction in the manner suggested by para. 31 of the FCTC Art. 13 Guidelines.

Article 35 of the Tobacco Products Control Act of 2017 prohibits tobacco industry "aid or support" to "any person, group of persons, state agency, or private organization" by an action that builds up the image of a tobacco product, advertises a tobacco product, or promotes tobacco consumption. While this provision prohibits tobacco industry sponsorship that is publicized, it does not prohibit sponsorship that is not publicized. Therefore, the contribution itself is allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco industry sponsorship, regardless of whether it is publicized.

Article 35 of the Tobacco Products Control Act of 2017 prohibits tobacco industry "aid or support" to "any person, group of persons, state agency, or private organization" by an action that builds up the image of a tobacco product, advertises a tobacco product, or promotes tobacco consumption. This provision prohibits tobacco industry sponsorship that is publicized. However, Art. 35 goes on to exempt "charitable donations or humanitarian acts during a time of serious public danger" from this prohibition. Thus, tobacco industry sponsorship may be publicized in such circumstances.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco industry sponsorship as well as all publicity of tobacco industry sponsorship.

The law contains a comprehensive ban on tobacco advertising and promotion. Consequently, all forms of misleading promotion are likewise prohibited.

With regard to misleading packaging, the Tobacco Products Control Act (TPCA) of 2017 authorizes the Minister of Public Health (MoPH) to issue regulations regarding tobacco product packing and labeling (Art. 38). MoPH Notice No. 15 of 2011, which is in effect until new regulations are issued under the TPCA of 2017, prohibits the use on tobacco products of a wide array of terms and related symbols including: “mild,” “medium,” “light,” “cool,” “ice,” “smooth,” and “natural.” “Statements” include “writing, symbol, or image.”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotion by means that are false, misleading, or deceptive.