Limitations regarding the use of quotes
The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
Le Monde Magazine published advertisements for Amateur Cigar Magazine that had a photograph of a famous actor smoking a cigar and captions describing the actor’s first cigar smoking experiences. Non-Smokers' Rights Association (DNF) sought 50,000 Euros in fines against Le Monde and its editor for violating tobacco advertising laws. The lower court imposed civil and criminal penalties on the defendants that included a fine of 7,550 Euros. DNF appealed, arguing that defendants should be fined 50,000 Euros. The Association asserted, among other things, that Le Monde reaches a greater audience than Amateur Cigar Magazine; the fine did not infringe on defendants’ right to free speech; and the lower court’s fine decreased the Association's power to enforce tobacco control laws. The court of appeals upheld the lower court's finding of liability, but increased the amount of damages and statutory fines against defendants to 18,000 Euros.