France

In May 2013, the CNCT accused a group of clothing companies of violating the French Public Health Code by indirectly advertising tobacco products. The allegation was that the Defendants' use of the term “Marlboro Classics” on apparel labels such as shoes, clothing and hats, promoted tobacco products. The labeling was visible to customers visiting MCS stores. Additionally, the term “Marlboro Classics” was used on both the Defendants' websites (both accessible in France). The CNCT also alleged that one Defendant used a silhouette resembling the Marlboro Man on its clothing, in a window showcase, and on packaging, despite French court’s having forbade the Marlboro Man’s use.

On January 21, 2015, the trial court found that the Defendants were not guilty of a criminal offense. The trial court recognized the CNCT’s civil standing as a public utility organization but rejected the CNCT’s civil claims. The CNCT appealed the trial court’s civil findings only.

On April 25, 2017, the Court of Appeal granted the CNCT’s appeal in part and granted partial civil relief. The court noted that the use of “Marlboro Classics” had previously been prohibited by French courts and concluded that the Defendants' ongoing use of “Marlboro Classics” drew public attention to tobacco products. However, given the limited impact of the term's use and a transitionary period whereby the companies attempted to eliminate its use, as well as the absence of the words in the subsequent year’s clothing collection, damages were limited to 40,000 euros.

The Court of Appeal also considered whether the silhouette image of a man walking with a coat on his back constituted a prohibited use of the Marlboro Man. The court concluded the silhouette was not prohibited as the words “Marlboro Classic’” did not appear alongside the silhouette and as tobacco consumption was not associated with the silhouette. Accordingly, the court concluded it could not prohibit the use of the silhouette without prohibiting the use of any image resembling a Westerner as the image was not connected with tobacco promotion.

The court ordered the Defendants to jointly pay to the CNCT 40,000 euros in damages, as well as 3,000 euros each under Article 475-1 of the Code of Criminal Procedure.