France

The Non-Smokers' Rights Association (DNF) brought an action against Telerama magazine and its editors, alleging that publishing an image of a young celebrity singer with a partially smoked, lit "Guevara" brand cigar in her mouth constituted direct or indirect propaganda and/or tobacco advertising. Telerama argued that the image was unusual and artistic and did not directly or indirectly advertise tobacco products. The court ruled in favor of Telerama, finding that the definitions of "propaganda" and "advertising" did not apply in this case.