France

Each defendant operated a website related to cigar consumption. Non-Smokers' Rights Association brought suit alleging that defendants unlawfully advertised tobacco products by providing links to websites that sold cigars. Defendant Kauffmann argued that the links were posted by a third party using a public forum on his website and that the links were deleted as soon as they were discovered. The lower court dismissed the action against Kauffmann, but held the two other defendants criminally and civilly liable for unlawfully posting the links. Here, the Court of Cassation dismissed the defendants' appeals.