Author
Asst Prof Dr. Juthamas Thirawat
Organisation/Institution
Thammasat University, Faculty of Law
Country
THAILAND
Panel
Law and Society
Title
Governing Electronic Cigarettes in the Online Marketplaces: Regulatory Challenges to Public Health Protection in Thailand
Abstract
Electronic cigarettes (e-cigarettes) pose significant health risks to Thailand’s youth, who have become primary targets of the industry. Currently, e-cigarettes are often designed to resemble art toys, featuring bright, cartoon-style colors, and tempting flavors that appeal to children. The World Health Organization uses Thailand as an example of a new wave of youth addiction, with e-cigarette use rising among children aged 13 to 15, and some first-time users reported as young as six. Numerous studies consistently show that exposure to unsafe particles and chemicals in e-cigarettes may lead to lung injury, cardiovascular disorders, and cancer. Nicotine, a key component of e-cigarettes, is highly addictive and harmful to brain development, especially among children and teenagers. This escalating trend poses a challenge to public health in Thailand, as the next generation faces increasing health risks. Therefore, Thailand should strengthen its ban on e-cigarettes. Although existing legislation prohibits the import, advertising, sale, and production for sale of e-cigarettes, these regulations are dispersed across many laws, limiting effective enforcement. Online advertisements and sales on social media platforms and communication applications normalize e-cigarettes and boost their appeal to young people, while enforcement in digital marketplaces is substantially more difficult than in physical stores. To address these regulatory gaps, this article examines diverse approaches adopted in the United Kingdom, China, and Singapore to help formulate guidelines for Thailand. This article proposes legal amendments to strengthen the ban on e-cigarettes, enhance enforcement mechanisms, and impose additional obligations for online marketplace platforms. It also provides policy recommendations for the government and relevant authorities. Keywords: e-cigarettes, youth addiction, online marketplaces, social media, platforms, communication applications
Biography
Dr. Juthamas Thirawat is an Assistant Professor at the Faculty of Law, Thammasat University. She teaches courses on Juristic Acts and Contracts, Consumer Protection Law, Law on Electronic Transactions, and Information Technology. Juthamas received her LL.B. with first-class honors from Chulalongkorn University in 2011 and an LL.M. in Business Law from Thammasat University with the best academic performance of the year in 2013. She obtained a second LL.M. from the University of California, Berkeley, with the Dean’s List in 2017. She earned her S.J.D. from the Georgetown University Law Center in 2022, and her doctoral thesis won the Outstanding Thesis Award: Excellent Level from the National Research Council of Thailand in 2023. Juthamas’ contributions extend to both academia and research. Her recent publications include reports for UNCTAD and ASEAN, as well as articles that address contemporary challenges in e-commerce laws, showcasing her commitment to advancing legal frameworks in Thailand and the ASEAN region. With over 10 years of experience in the fields of consumer protection and e-commerce, Juthamas has served the government in various organizations, with roles including advising the Office of the Consumer Protection Board on developing MOUs with other countries, reviewing consumer complaints for the National Broadcasting and Telecommunication Commission, and drafting the Electronic Transaction and Platform Economy Bills for the Office of the Council of State.
