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The National Committee for Tobacco Control (CNCT) brought a claim against two defendant tobacco companies. The CNCT alleged that the companies engaged in illegal tobacco advertising in violation of the French Public Health Code because of their use of the words “liberté toujours” (freedom always) on the packaging of Gauloises cigarettes. The CNCT also alleged that an insert in Gauloises cigarette packages violated the Public Health Code. The insert read: “New law. Colours and logos will disappear but the taste of the Gauloises will not change. Ask for Gauloises red blonds at your tobacco shop. Freedom always.”
The CNCT was successful at trial. The defendants appealed, submitting that the communications were not intended to promote tobacco products. The Court of Appeal disagreed and determined that the communications had an aim of promoting tobacco products and were commercial in nature. The Court of Appeal also noted the aggravating nature of the offenses, given that both tobacco companies were repeat offenders.
The Court of Appeal found both defendants guilty of illegal advertising in violation of the French Public Health Code and fined each defendant 100,000 euros. The Court of Appeal also ordered the defendants to jointly pay the CNCT 50,000 euros and ordered each defendant to pay the CNCT 2,000 euros in costs for the appeal.