Philip Morris GmbH v. Federal Republic of Germany

Philip Morris brought an action against the Federal Republic of Germany alleging that their novel tobacco product “Heat Stick”, under the brand name “HEETS”, was incorrectly classified as a “tobacco product for smoking.”  Plaintiff claimed that HEETS is a “smokeless tobacco product” on the basis that a combustion process does not occur during consumption as it generates steam rather than smoke. The court explained that the distinction between a “smoking tobacco product” and a “smokeless tobacco product” is based solely on whether a tobacco product is consumed with or without a combustion process; and it is irrelevant whether smoke occurs when the tobacco product is consumed. The court found that the plaintiff’s tobacco product was heated in a controlled manner without the tobacco igniting and thus there was no combustion process. The court ruled that a tobacco product consumed in this way is then to be classified as a “smokeless tobacco product.”


Philip Morris GmbH v. Federal Republic of Germany, 4A 23/19, Administrative Court of Braunschweig (2021).

  • Germany
  • Sep 23, 2021
  • Administrative Court of Braunschweig


Plaintiff Philip Morris GmbH

Defendant Federal Republic of Germany

Legislation Cited

International/Regional Instruments Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product