"Following the requirements of Article 151 of the Law of Ukraine 'On Protection against Unfair Competition,' the dissemination of misleading information occurs when a business entity communicates, either directly or through another person, to one or several individuals, or to an indefinite number of people, including through advertising, information that is incomplete, inaccurate, or false. This is particularly true as a result of the chosen method of presentation, the concealment of certain facts, or vague wording, which has affected or may affect these individuals' intentions to purchase (order) or realize (sell, supply, perform, provide) the goods or services of this business entity.”
Antimonopoly Committee Recommendations regarding Philip Morris
Antimonopoly Committee of Ukraine Recommendations regarding Philip Morris Sales and Distribution LLC, Recommendation 9-CR (2024)
- Ukraine
- Dec 24, 2024
- Antimonopoly Committee of Ukraine
An unnamed citizen filed an application with the Antimonopoly Committee of Ukraine to initiate administrative proceedings against Philip Morris Sales & Distribution LLC, the importer of Philip Morris International's (PMI) products in Ukraine, for using misleading claims in IQOS marketing. The statements in question indicated that smoking PMI's heated tobacco product, IQOS, was a safer alternative to smoking cigarettes and included:
The Committee found both statements to be inaccurate and misleading, ruling that their dissemination violated Article 15(1) of Ukraine's Law "On Protection Against Unfair Competition." It also emphasized the need for Philip Morris to provide consumers with accurate, non-misleading information about IQOS's properties.