Regulating e-cigarettes: Legal Issues and Comparative Studies

Abstract

Controlling or managing e-cigarettes is very complex. It is related to various problems in many dimensions, especially the problem of application and interpretation of the law, law enforcement issues, dissemination of incorrect information about e-cigarettes to the public and selling or advertising through online media.  At present, there are laws and regulations that e-cigarettes are forbidden to be imported and prohibited from being sold or providing related services.  But the sale and marketing of e-cigarettes in some local markets, tourist attractions and online media is widely known to the people. There is also a problem of interpretation of the Customs Act B.E. 2560 that does not meet the objectives of the law. The prosecution of the e-cigarettes smoker or occupant for use may be considered an exercise of state power that is not in accordance with the principle of proportionality according to the Constitution of the Kingdom of Thailand B.E. 2560 (2017).  This creates an opportunity to exploit the wrongful benefits of some government officials. Therefore, the interpretation of the Customs Act should be reviewed.  The government should maintain its current policy of prohibiting the import, sale or service of e-cigarettes, because they are nevertheless harmful to public health and increase risks to the health of users and others in many ways.  Moreover, related laws should be amended, especially the Tobacco Products Control Act B.E. 2560 by using a case study of e-cigarette control laws in Canada, Australia and Singapore as a guideline for improving the law.