Philip Morris France SAS v. National Committee for Tobacco Control
Philip Morris France SAS v. National Committee for Tobacco Control, Paris Court of Appeal, 22/00519 (2024)
- France
- Jun 25, 2024
- Paris Court of Appeal, Division 2, 8th Chamber
Philip Morris France SAS v. National Committee for Tobacco Control, Paris Court of Appeal, 22/00519 (2024)
In 2021, Philip Morris France SAS (PMF) and Philip Morris Products SA (PMP) were convicted for IQOS’s illegal advertisement in France. PMF and PMP both appealed. In this June 25, 2024 decision, the Paris Court of Appeal upheld the lower court’s underlying conviction.
In this appeal, the PMF and PMP alleged the French Public Health Code’s prohibition on tobacco advertising was a disproportionate infringement on freedom of information and enterprise and impeded an individual’s right to protect their own health. PMF and PMP also re-submitted their trial positions that IQOS was not a “tobacco product” and therefore could be advertised in France.
The Court of Appeal held that IQOS was not a “tobacco product” but concluded the advertising ban still applied as IQOS encouraged the use of tobacco. Further, as IQOS’s sale was permitted and as the advertising ban allowed for limited exceptions, the limitations on rights were proportionate to the interest in protecting public health.
The court modified but affirmed the criminal court’s convictions. PMF was fined 500,000 EUR while PMP was fined 400,000 EUR. Civilly, PMF and PMP were ordered to pay the plaintiffs in the initial case, CNCT and DNF, 1,730,910 EUR in recognition of the harm which IQOS’s illegal advertising had caused to France’s anti-smoking initiatives.