TOBACCO CONTROL LAWS

National Committee for Tobacco Control v. VFG France

The National Committee on Tobacco Control (CNCT) alleged that VFG France engaged in unlawful advertising of tobacco products by advertising and selling a line of "Marlboro Classics” clothing in a store whose neon sign resembled the Marlboro logo. The lower court agreed and ordered defendants to pay a 20,000 Euro fine and 87,000 Euros in damages. VFG appealed, arguing that it should be permitted to sell its clothing line and that the prohibition on such sales violated their right to freedom of expression and other laws. The court of appeals upheld the lower court's order, ruling that the use of a neon sign resembling the Marlboro logo, as well as the liberal use of red, white and black lettering in the clothing line, constituted unlawful advertisement of tobacco products.

National Committee for Tobacco Control v. VFG France, Case No. 07/02394, Court of Appeals - Paris (2008).

  • France
  • Jan 8, 2008
  • Court of Appeals - Paris
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Parties

Plaintiff

  • National Committee for Tobacco Control
  • Public Minister

Defendant Societe VFG France SAS

Legislation Cited

Related Documents

None

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

Right to Commerce
A violation of the right to carry on trade, business, or profession of a person’s choice. This right may also be called the right to free enterprise or economic freedom. The industry may argue that a business should be able to conduct its business without government regulation, including whether or not to be smoke free.
Right to Freedom of Expression
A violation of the right to expression, free speech or similar right to express oneself without limitation or censorship. The industry may claim that a regulation infringes on their right to communicate with customers and the public. Similarly, they may claim that mandated warnings infringe on their freedom to communicate as they desire.
Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.

Type of Tobacco Product

None

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