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The National Committee for Tobacco Control (CNCT) and Non-Smokers' Rights Association (DNF) alleged that Philip Morris France SAS (“PMF”) and Philip Morris Products SA (“PMP”) illegally advertised IQOS in France, in violation of France’s Public Health Code. In a joint criminal and civil ruling, the Paris court convicted the defendants, fining PMF 75,000 EUR and PMP 50,000 EUR for the illegal marketing of IQOS between 2017 and 2019. Civilly, the court also ordered each defendant to pay 50,000 EUR to the CNTC and DNF as well as 5,000 EUR under France’s Code of Criminal Procedure.
PMF and PMP argued that IQOS was an electronic device, not a “tobacco product” and therefore could be advertised. The defendants also argued that IQOS was not advertised but instead merely “presented” to consumers. They also suggested that PMP, which was based in Switzerland but which manufactured and packaged IQOS, could not be held criminally responsible for illegal marketing in France.
The court concluded that IQOS was a “tobacco product” under the Public Health Code as IQOS induced the use of tobacco. Therefore, unless permitted under the Public Health Code, IQOS was illegal to advertise.
The court also concluded that there was a “community of interest” between PMF and PMP and, therefore, both defendants could be charged with illegal advertising.