The Thai Ministry of Commerce has reaffirmed the limitations of current legislation regarding the control of e-cigarettes, clarifying that existing laws do not empower educational personnel to seize such devices from students within schools. This statement comes after Prime Minister Chulabhorn Narumon summoned immediate measures against the rising number of e-cigarette sales among students.
Director-General of the Department of International Trade Promotion, Ms. Arada Fuangthong, explained that the government is focused on enhancing regulation to curb illicit activities surrounding e-cigarettes, especially in educational environments. The government has prioritized establishing stricter measures following reports of rampant use among students.
In February, the Prime Minister assigned tasks to relevant officials to expedite oversight, aiming to resolve issues tied to e-cigarettes and their illegal distribution, particularly near schools. A comprehensive strategy will involve collaboration with multiple agencies such as the Customs Department and the Consumer Protection Board to enforce legal measures effectively.
In 2014 and 2016, the Ministry of Commerce banned the import of e-cigarettes and similar products, categorizing them as goods prohibited from entry into Thailand under the Export and Import Control Act. Director-General Fuangthong reiterated these regulations, emphasizing the necessity for ongoing action against their proliferation.
Furthermore, the Department is also responsible for raising awareness among the public regarding the hazards associated with e-cigarettes and the legal repercussions of violating these laws. Infographics disseminating information about penalties for possession and sale will be provided, highlighting that sellers and service providers of e-cigarettes face severe consequences under the Consumer Protection Act, carrying potential sentences of imprisonment or heavy fines.
The Ministry stresses that educational staff currently lack the authority to conduct searches and confiscate e-cigarettes at schools. Emphasizing this point, Fuangthong asserted that the existing export-import law is primarily directed at importers and exporters, not addressing possession issues in schools—a gap that complicates enforcement and monitoring efforts.
As part of proposals to enhance regulation, the Ministry of Commerce is considering the appointment of educational staff as agents under the Export and Import Control Act. However, Fuangthong clarified that this law primarily concerns commerce, thus placing such responsibilities on educational personnel is inappropriate as they lack expertise in trade matters.
Despite the concerns from the Ministry of Education regarding the increase in e-cigarette usage in schools, Commerce officials are wary of applying stringent criminal penalties against students. The Ministry believes that rather than resorting to punitive measures that might lead to incarceration, it may be more effective to amend youth protection laws and regulations that directly address the issues, including the Child Protection Act.
Authorities are evaluating the effectiveness of existing measures while seeking reform in laws that govern student conduct to better enable schools to handle cases related to e-cigarettes adequately. This approach aims to develop compliance measures that align with the realities faced in educational settings, ensuring both protection for youth and adherence to legal frameworks.
Improving cooperation between the Ministry of Commerce and the Ministry of Education is seen as vital, focusing on the need to implement changes that can provide schools with adequate resources and authority to act on e-cigarette infractions without resorting to the severe penalties outlined in general export-import legislation.
In the wake of these discussions, the Commerce Ministry insists that it is committed to strengthening measures against e-cigarettes while also providing effective guidance to educational institutions on prevention and enforcement. The ongoing collaboration among government agencies illustrates a determined approach toward addressing the growing e-cigarette problem among students in Thailand.
