Altadis, S.A., a tobacco company, brought an unfair competition claim against Philip Morris Spain. The complaint alleged that Philip Morris had engaged in unlawful advertising of its IQOS device and HEETS tobacco products which presented the products as “reduced risk” and “less harmful.” The trial court agreed and ordered Philip Morris to cease the advertising campaign and to publish a correction of its statements in national media.

Philip Morris appealed, arguing that the publications were the independent work of journalists, that the content was informational rather than promotional, and that the IQOS device was not a “tobacco product” subject to the advertising ban in Law 28/2005. 

The Madrid Provincial Court dismissed Philip Morris’ appeal. The court held that, regardless of whether the resulting publications were authored by independent third parties, Philip Morris' conduct in providing information to the media was commercial communication prohibited under Law 28/2005. The court further held that advertising of the IQOS device fell within the statutory definition of “tobacco advertising” because the device's sole purpose was the consumption of tobacco (HEETS).