Legal Obstacles to Electronic Cigarette Trading in Thailand

Abstract

This article aimed 1) to study the legal obstacles, concepts, and theories related to the importation, exportation, distribution, and labeling regulations of electronic cigarettes (e-cigarettes) in commerce; 2) to compare the appropriateness of Thailand’s e-cigarette regulatory framework with the Smokefree Environments and Regulated Products Act 1990 of New Zealand and Republic Act No. 11900 of the Philippines; and 3) to propose recommendations for improving Thailand’s legislation to regulate e-cigarette trade effectively. This qualitative research methodology involves a comprehensive review of secondary sources, including books, textbooks, academic journals, scholarly articles, government publications, and electronic documents from both domestic and international sources. The findings reveal that Thailand currently lacks comprehensive legal measures aligned with consumer behavior regarding e-cigarettes.
E-cigarettes remain classified as illegal products, and their sale is often carried out through unauthorized channels. Additionally, there is no precise regulation governing the packaging and labeling of these products, creating significant barriers to lawful trade and weakening consumer protection. As a result, the absence of a coherent legal framework hinders both enforcement and market regulation. To address these issues, the study suggests that Thailand consider adopting more structured and modern legal approaches based on international best practices. Legal reforms should aim to balance consumer protection with the promotion of lawful commerce, ensuring that regulations are both practical and responsive to current market realities. Such measures will contribute to more effective governance of e-cigarette products and enhance consumer safety and trade efficiency in Thailand.