France

The National Committee for Tobacco Control (CNCT) brought an action against defendants for violating the tobacco advertising and promotion ban by selling a line of "Marlboro Classics" brand clothing in a shopping center. The clothing line was advertised on the shop's door as well as in front of the shop on a red sign with white letters, both reading "Marlboro Classics USA."  Some articles of clothing also bore various logos that read "Marlboro Classics" on them. 

CNCT argued that the shop's signs and articles of clothing bearing the store's logo violated France's prohibition against any direct or indirect tobacco advertising and that the phrase "Marlboro Classics" was inextricably linked with the Marlboro brand of tobacco products. CNCT further argued that the purpose of the "Marlboro Classics"  store was not only to sell clothes, but also a part of a plan to defraud the public hatched by Philip Morris and the fashion company that produced the clothing. The lower court held defendants not guilty, and rejected Plaintiffs' request for penalties. 

On appeal, defendants argued that the Marlboro Classics line is more than 170 years old and has no intention of advertising tobacco products. Defendants further argued that they specialized in various brands of clothing, not only limited to Marlboro Classics. The Court of Appeals agreed with the lower court that the shop owners were not liable for the unlawful advertising of tobacco products by carrying the brand and posting the logo, among others, in their shop's window. However, the Court of Appeals overturned the lower court's decision against another defendant, VFG France, holding them liable for violating advertising laws.