Lithuania

Philip Morris Baltic ("Philip Morris") appealed a decision by the Department of Drug, Tobacco and Alcohol Control ("the Department") fining the manufacturer and distributor 2,896 Euros for illegal tobacco advertising, promotion and sponsorship. The violations and fines resulted from Philip Morris' "Lemiamas Metimas" campaign (the "Campaign"), which claimed to encourage individuals to quit smoking and presented heated tobacco and IQOS devices as an alternative product for those who were unable to quit. Philip Morris argued that the Campaign amounted to "social advertising" to inform smokers but not encourage the purchase of alternative products. Therefore, they claimed the tobacco control law did not prohibit the Campaign. Philip Morris also claimed that their right to disseminate the Campaign was within their right to freedom of expression under the Lithuanian Constitution. The court upheld the Department's decision and found that the Campaign amounted to the unlawful advertising, promotion and sponsorship of tobacco products and that the Campaign was designed to mislead consumers. Further, the court rejected Philip Morris' claim that their right to freedom of expression was violated, holding that social advertising should not be used to promote certain goods and services, including tobacco products and related products.