Legal Measures for Electronic Cigarette Control in Thailand

Abstract

This research study on legal measures for controlling e-cigarettes in Thailand aims to examine the legal problems and measures involved in controlling e-cigarettes in Thailand and compare Thai legal measures with those of other countries. The qualitative research employed in-depth interviews with 15 participants involved in e-cigarette control through social media, combined with document research. Data was analyzed using content analysis.

The study indicates that Thailand's legal measure framework for e-cigarette control comprises regulations on importation, distribution, services, possession, storage, and smoking e-cigarette bans in smoke-free zones. However, these measures face enforcement challenges regarding possession laws, operational difficulties for law enforcement officers, and the prohibition of use in smoke-free areas.  A comparison of legal measures reveals that international approaches to e-cigarette control vary based on national contexts. These approaches range from regulating e-cigarettes as tobacco or medical products under harm reduction principles-as seen in the United Kingdom and the European Union-to permitting possession without criminal liability. In contrast, Thailand enforces a total ban on import, sale, and possession to protect children and youth. Nevertheless, a major issue is the ambiguity of the legal text, which hinders enforcement effectiveness, particularly regarding illegal online sales. The study recommends amending the definition under Section 4 of the Tobacco Products Control Act to explicitly include e-cigarettes and strengthening integrated law enforcement.