France

Non-Smokers' Rights Association (DNF) brought suit against directors of L'Express magazine for publishing photos of race car drivers whose uniforms featured tobacco brands in violation of the tobacco advertising law. The lower court found for defendants, and plaintiffs appealed.  On appeal, the magazine argued that since the photos either had the logo of tobacco products that were not available in Europe, or were photos that were taken in China where tobacco advertising was not illegal, the photos could not constitute unlawful advertising in France. The Court of Appeals overturned the lower court's ruling, holding that both types of publications constituted unlawful advertising.  The court ordered each director to pay 10,000.00 Euros in damages as well as statutory fines to plaintiffs.