Philip Morris France fined 500,000 euros for illegal advertising

The French subsidiary of cigarette manufacturer Philip Morris and its former president Jeanne Pollès have been sentenced by the Paris Criminal Court to fines of 500,000 euros and 50,000 euros respectively for “direct advertising or propaganda” in favor of tobacco products and vaping.

According to the decision, obtained on Thursday, February 20, the site dedicated to the IQOS device, marketed by Philip Morris, which heats tobacco instead of burning it, presents statements "which have the aim or effect of promoting both the quality and the safety of the IQOS device, under the cover of an alleged reduction in the risks linked to the consumption of tobacco validated scientifically."

This small electronic box, marketed in France since 2017, works with tobacco refills mixed with glycerin. Its technology heats the tobacco to a high temperature, but without combustion. Philip Morris touts its product as "less harmful" than conventional cigarettes because it does not produce tar. However, no independent study has confirmed this reduction in risk, and anti-smoking activists believe that even if it did, the product would still be highly toxic to health.

"This promotion (...) is direct advertising for this device which inevitably refers to the tobacco product that it allows to be consumed. It therefore constitutes illicit indirect advertising," the decision continues. In addition, "the publication of April 13, 2023 associates the tobacco produced by the Philip Morris company with responsible management of forest resources, which is also prohibited."

The court deplores offences committed "knowingly" by a company and its president " perfectly advised and informed of the provisions in force", and considers that they " devoted major investments to try to circumvent the legislation in force", for a year and a half. "This attitude is based on pure economic calculation, profitable in view of the increase in the use of the IQOS device over the last five years" , it continues.

The fines also take into account an initial conviction in 2011 "for acts of direct advertising or propaganda in favor of tobacco or its products." The group and its former president, now retired, were sued by the National Committee against Smoking (CNCT), a French anti-smoking association to which they will have to jointly pay 50,000 euros in damages and interest in addition to 5,000 euros each in legal costs.

The CNCT has already had the company convicted on a similar ground: in mid-2024, Philip Morris France was fined €500,000 and Philip Morris Products €400,000 during an appeal trial. The group has appealed this decision to the Court of Cassation.