Tobacco Store Owner v. National Committee for Tobacco Control
Bouchefa Ouarda Makouf v. National Committee for Tobacco Control, Paris Court of Appeal, 8th Division, Chamber 11, File No. 15/05190 (2017)
- France
- Apr 25, 2017
- Paris Court of Appeal, 8th Division, Chamber 11
On January 6, 2014, the National Committee for Tobacco Control (CNCT) brought an application under the French Penal Code to sanction a tobacco shop owner for the advertising of tobacco products in violation of the French Public Health Code. The CNCT alleged that an electronic screen inside the tobacco shop containing Lucky Strike cigarette slogans and images constituted illegal advertising. In addition, inside the shop, there was a brand display for L&M cigarettes next to the point of sale. The owner alleged that the electronic screen, due to its small size, complied with legal requirements permitting “flyers” inside tobacco shops.
In January 2015, the trial court found the owner guilty of illegally advertising products via the electronic screen. Civilly, the owner was sentenced to pay a 5,000 EUR fine and to pay the CNCT 2,000 EUR in civil damages and an additional 1,000 EUR under the French Code of Criminal Procedure.
The Court of Appeal upheld the conviction and noted that the electronic screen, which contained 30 seconds of ads and five slogans, created an animating effect that constituted illegal advertising. The Court of Appeal also found the brand display to be illegal, in part based on size. The Court awarded the CNTC 3,000 EUR in damages to the CNCT due to the harm caused to tobacco control and 3,000 EUR under the Code of Criminal Procedure.