France

The National Committee for Tobacco Control (CNCT) sued the Paris Transport Authority, claiming that the Transport Authority violated France's tobacco advertising ban by placing ads for Camel Watches/Camel Trophy in metro stations.  The Transport Authority argued that such advertising was not banned because (1) the watches had been on the market since 1987 (before France enacted its tobacco control legislation) and (2) the advertiser (the Swiss company, Melco Watch Ltd.) was legally and financially separate from any manufacturer, importer or retailer of tobacco.  The trial and appeals courts found the Transport Authority guilty of illegal tobacco advertising, and the Authority appealed.  The Court of Cassation observed that there was a legal link between RJR Reynolds, the owner of the Camel brand, and the manufacturer, distributer and retailer of tobacco, World Wide Brands Inc. (WBI), and Melco Watch, a WBI trademark holder.  The court found that that even if the watches were present on the market before the adoption of France’s tobacco control legislation, it is prohibited to advertise such products because there is a link between the watches and the tobacco industry.  The court, accordingly, affirmed the judgments below.