TOBACCO CONTROL LAWS

IQOS Hidden Self-Advertising Magazine

Philip Morris International’s Italian affiliate company Philip Morris Italia S.r.l (PMI) was found guilty of a breach of the Consumer Code as a result of 'hidden advertising.' There were a number of magazine articles that appeared in various publications in Italy, which on their face were about other subjects (e.g., how to freshen up a used car, how to cook at the right temperature), but also used part of the article to extol the virtues of IQOS, Philip Morris's heated tobacco product. The Italian Competition Authority held that this was a violation of non-transparent advertising and was in breach of the Consumer Code. PMI was fined 500,000 Euros (the maximum), and the publisher was fined 50,000 Euros.

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IQOS Hidden Self-Advertising Magazine, Ruling No. 27493, Italian Competition Authority (2018).

  • Italy
  • Dec 19, 2018
  • Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato)

Parties

Plaintiff National Consumers Union (Unione Nazionale Consumatori)

Defendant

  • Conti Editore S.r.l.
  • Philip Morris Italia S.r.l.

Legislation Cited

Consumer Code

Regulation on preliminary investigation procedures concerning misleading and comparative advertising, unfair commercial practices, violation of consumer rights in contracts, violation of the prohibition of discrimination and unfair terms

International/Regional Instruments Cited

WHO Framework Convention on Tobacco Control (WHO FCTC)

Related Documents

Decision in Italian

Type of Litigation

Enforcement Action by a Private Individual or Private Entity
Some jurisdictions allow an individual or organization to initiate an action against another private party who is not following a particular law. For example, a person may sue a restaurant that allows smoking despite a smoke free law. If the plaintiff is claiming the violation of the law caused physical harm, this may also be a personal injury case.

Tobacco Control Topics

Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)

Substantive Issues

None

Type of Tobacco Product

Heated tobacco products (HTPs)

Heated tobacco products (HTPs) are tobacco products that require the use of an electronic device to heat a tobacco insert (stick or pod of compressed tobacco). HTP systems are fully integrated so that the heating device and tobacco insert for each system must be used together.

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