In 2017, the National Committee for Tobacco Control (CNCT) brought a claim alleging that the three defendants manufactured, imported and distributed tobacco products in France with packaging that violated the French Public Health Code. The illicit packaging was manufactured in Luxembourg (by one defendant) and was imported and distributed in France (by the two other defendants). 

The illicit packaging was available in six camouflage edition colors to create the effect of a “collection.” The packages also contained words with positive connotations, such as “environmental,” “young” and “revolutionary” and a pictogram of a man disposing of an object in a garbage can (indicating the package should be put in the garbage). The defendants contested the facts and argued that the images on the packages were merely informative commercial communications and were not tobacco advertisements.

The trial court concluded that the defendants were guilty of direct advertising in favor of tobacco – fining Landewyck 75 000 euros, Heintz Van Landewyck 75 000 euros and Logista 50,000 euros, while concluding that the image of the person placing something in the garbage was not an offense. The defendants were further responsible for civil damages payable to the CNCT totaling 75,000 euros. 

The Paris Court of Appeal affirmed much of the trial court decision, determining the packaging was not merely informative but was intended to promote tobacco in violation of the French Public Health Code. However, similar to the trial court, the Court of Appeal concluded that the pictogram did not violate the Public Health Code, as it was intended to inform consumers that the packaging should be placed in the garbage. Therefore, Logista was fined 50,000 euros and Landewyck France was fined 75,000 euros. In addition, civilly, for harm caused, both Defendants were ordered to jointly pay the CNCT 75,000 in damages and 1,500 euros each to cover the CNCT’s costs. The third defendant, based in Luxembourg, avoided conviction on jurisdictional grounds.