Altadis, S.A. v. Philip Morris Spain, S.L.

The tobacco company Altadis, S.A., a subsidiary of Imperial Brands, filed a complaint against Philip Morris Spain, S.L. (Philip Morris) for violating the advertising prohibition in the tobacco control law (Law No. 28/2005). The complaint alleged that Philip Morris violated the law by conducting a communication campaign for the IQOS device and the accompanying "HEETS" sticks/inserts. The campaign included details on the product’s characteristics (i.e., how it differs from conventional cigarettes and technology) and purchase options (i.e., where to purchase the device and HEETS and pricing for both). Philip Morris argued that the tobacco control law does not apply to the device because it is not a tobacco product, and the campaign was not advertising but intended for the public interest.

The court held that Philip Morris violated the advertising ban and ordered it to cease the campaign because the published information was a form of communication that had a direct or indirect purpose or effect of promoting a tobacco product. Furthermore, the court emphasized that although the IQOS device is not a tobacco product, it has no other purpose but to be used with a tobacco product. Therefore, promoting the sale of the device is equivalent to promoting tobacco use. 

Altadis v. Philip Morris Spain, SJM M 1157/2019, Commercial Court No. 03 of Madrid (2019)

  • Spain
  • Sep 30, 2019
  • Commercial Court No. 03 of Madrid
Download Document

Parties

Plaintiff Altadis, S.A.

Defendant Philip Morris Spain, S.L.

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

"In response to this claim, the defendant argues that the IQOS product is not a tobacco product, while HEETS is, and therefore the former is not subject to the regulations applicable to such products; with respect to HEETS, it is pointed out that it is a tobacco product that can only be consumed with the IQOS device, but it does not have the same design and composition as a combustible cigarette, and they differ substantially; therefore, HEETS is not a cigarette, it does not combust, its use does not produce smoke, and its legal qualification is that of a novel tobacco product, which makes it subject to specific regulations; the information contained in the lawsuit is not advertising, but information from the media on matters of public interest; the defendant responded to the plaintiff's request, but the lawsuit was filed only seven days after the request was made."