France

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.