Philip Morris Italia “Smoke-free” Complaint

The Ministry of Health reported Philip Morris Italy’s “smoke-free” print advertising campaign to the Italian Competition and Market Authority, noting that the campaign may convey positive messaging regarding products that are harmful to health. The campaign promoted e-cigarettes, heated tobacco products, and oral nicotine products.

The Competition and Market Authority investigated whether PMI's "smoke-free" claims constituted an unfair commercial practice under Italy's Consumer Code, and concluded that they did. The Authority found the claims were misleading because they implied the products were free from harmful health effects or less harmful than conventional cigarettes — assertions unsupported by scientific evidence and contradicted by the Italian Ministry of Health, the National Institute of Health, and the WHO, none of which have validated reduced-harm claims for such products. 

PMI was ordered to stop making the claims and also to pay an administrative fine of €7,000,000
 

Philip Morris "Smoke-Free" Complaint, Case PS12940, Italian Competition Authority (2026).

  • Italy
  • Jun 9, 2026
  • Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato)

Parties

Plaintiff / Petitioner / Applicant / Appellant

  • Altroconsumo (as a Party)

Defendant / Respondent / Appellee

  • Philip Morris Italia SRL

Third Party

  • Ministry of Health (Reported the campaign to the AGCM)

Legislation Cited

International/Regional Instruments Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product