National Committee for Tobacco Control v. Olivier Le Picard (Prix scientifique Philip Morris)

Beginning in 1988, Philip Morris awarded researchers scientific prizes. In 1996, the National Committee for Tobacco Control (CNCT) brought suit alleging that the prize was a form of advertising. The trial court found that the award did not constitute advertising, and the court of appeals affirmed, finding that the award merely supported scientific research. The Court of Cassation reverse the appeals court decision, finding that the name "Philip Morris" is associated with tobacco and including this term in a scientific prize awarded to non-members of the tobacco industry constitutes unlawful advertising.  The court further held that any use of a tobacco brand, whatever its purpose, is tobacco advertising.  The court remanded the matter for purposes of imposing penalties.

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National Committee for Tobacco Control v. Olivier Le Picard, et al., Case No. 98-83106, Court of Cassation (1999).

  • France
  • Jun 29, 1999
  • Court of Cassation

Parties

Plaintiff National Committee for Tobacco Control

Defendant

  • Olivier Le Picard, Philip Morris
  • Walter Thoma

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None