Issues of Civil liability for Compensation from the Tobacco Industry according to FCTC Section 19 of Thailand

Abstract

Since Thailand became a ratified party of the World Health Organization’s Framework Convention on Tobacco Control (WHO-FCTC) on November 8, 2004, it has a commitment to comply with the FCTC. Article 19  is significant about litigation against the tobacco industry, in order to make the tobacco industry comply with the domestic law. In the case of civil lawsuits against the tobacco industry, it should focus on remedy the damage for victims and society due to cigarette smoking.  Thailand has never had civil litigation to claim damages from the tobacco industry. However, there are two laws, the Non-Security Product Liability Act, B.E. 2551, and the Civil Procedure Code Amendment Act (No. 26).  Class Action Law is the main law in civil litigation internationally. It is therefore strongly recommended that three actions should be taken: 1) systematic collection of scientific evidence should be used in lawsuits proceedings to claim compensation from the tobacco industry. 2) It is expedient to have a system to compile a list victims of tobacco consumption, in order to proceed for Class Action lawsuit, and 3) Setting up a legal cases database systematically, as well as the health effects of tobacco consumption, and other damages such as fire caused by cigarette smoking, for using in civil litigation proceedings.