Interesting judgment: Court injunction Tobacco labelling regulations

Abstract

A court injunction of pre-judgment is a method by which the Administrative Court set up to protect contemporarily the status of a person, or prevent the rights or property, of the parties to be lost during the court proceedings. The court prescribes measures in the form of a statement called ‘court injunction order’. This is a special measure that can be used to remedy for fairness to be rendered on the parties involved.

An example of the Supreme Administrative Court decision, is a disputable case on cigarette graphic warning pictures.  The Supreme Administrative Court rendered an injunction against a Central Administrative Court, on the decision to enforce Ministry of Public Health’s Regulation, 2556 B.E., according to Tobacco Control Act, 2535 B.E., to enlarge the area of graphic health warning picture from 55% to 85% of the area on cigarette pack, with a total of 10 rotating pictures.  The Supreme Administrative Court decision, order number 269/2557, withdrew the Primary Administrative Court’s injunction. The Supreme Administrative Court reasoned that the Ministry of Public Health legally enforced its regulation accordingly, based on the principle of public health protection for of the people.  All cigarette manufacturers had to comply with the regulation, resulting in every brands of imported cigarette had to enlarge the graphic health warning area on cigarette pack to 85% accordingly, from May 29, 2018.  Tobacco manufacturers had to get rid of all the cigarette packs with 55% graphic health warning picture from the market by September 23, 2014