"With regard to the material element of the offense: It involves determining whether the internet press release and the advertising poster in question constitute direct or indirect publicity or advertising for tobacco. More precisely, it involves determining whether these actions, whatever their purpose, have as their effect to make people think of tobacco products. Now then, it cannot be disputed that by stating, “false cigarette, true risk,” in the two items of publicity in question, the accused enhance the value of the true cigarette, so that it is unavoidably associated in the mind of the consumer with false risk; Moreover, on the poster the consumer is directly addressed when he is asked where he purchases his cigarettes, with a very strong reminder in this case of tobacco products. ...The inclusion of the name and color logo of the manufacturer on the publicity items in question also constitutes the material element of the offense, since the relevant legal text does not apply to any particular brands of tobacco but to all advertising for tobacco. The very name of the company calls tobacco to mind, and it is known as a manufacturer of cigarettes, which is also evoked, moreover, by the photo on the poster including several cigarettes."