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Philip Morris Baltic ("Philip Morris") appealed a decision by the Department of Drug, Tobacco and Alcohol Control ("the Department") fining the manufacturer 2,100 Euros for illegal tobacco advertising and promotion. A lower court had previously rejected Philip Morris's initial complaint. The advertisements in question were promoting IQOS heating devices and involved both internet advertising and point of sale advertising. Philip Morris argued that the tobacco control law does not apply to electronic devices, that the information provided was not about tobacco products or related products, nor was it presented in a way that may mislead consumers. The court upheld the Department's decision, which was based on the finding that the advertising in question constituted unlawful hidden advertising of tobacco products. In disseminating information about the IQOS device, Philip Morris was also unlawfully disseminating information about and promoting the use of tobacco products.
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