France

The court fined Le Monde Magazine for publishing photos with the names and logos of Mild Seven cigarettes, and Le Monde appealed. On appeal, the magazine maintained that the brand name Mild Seven was not visible to the naked eye in the published image.  It also argued that its publication was not a commercial act intended to influence readers to consume tobacco products because the Mild Seven brand was not available in France. The court upheld the penalties, observing that the Mild Seven logo was visible at least eight times in the photo, that the lack of Le Monde's commercial intent was irrelevant, and that the restrictions on advertising tobacco products were necessary to protect public health.