Belgium: Philip Morris convicted of illegal tobacco advertising

Philip Morris Benelux has been definitively condemned by the Belgian courts for having systematically violated the ban on tobacco advertising in force in the country. These circumventions, observed throughout Belgium, took the form of illegal sponsorships concluded between the manufacturer and stores. The decision of the Antwerp Court of Appeal is unambiguous: "time and again, Philip Morris seeks other ways to circumvent the ban on advertising tobacco products, by putting its personal interest before the general interest, for reasons of profit."

Health inspectors conducted an investigation in Belgium to gather evidence of violations in a large number of establishments. Philip Morris Benelux was thus prosecuted by the public prosecutor before the Antwerp public prosecutor's office for the scale of the violation of the advertising ban, involving a wide variety of actors: tobacconists, newsagents, petrol stations, supermarkets. Philip Morris Benelux, which had avoided a conviction for similar acts in 2009, will this time have to pay the sum of 600,000 euros[1].

Illegal sponsorship to display products “in a thoughtful and highly sophisticated manner”

Philip Morris Benelux was convicted in particular for having entered into commercial agreements until the end of 2017 with various stores in Flanders, Brussels and Wallonia. The stores received money and other extra-financial benefits if they gave better visibility to the products manufactured by Philip Morris. According to the Flemish newspaper De Tijd, which reported the conviction, Philip Morris Benelux encouraged the various stores to display the products "in a very thoughtful and sophisticated way". Philip Morris had also set up an incentive system: the more the stores sold their tobacco products, the more they received rewards from the cigarette manufacturer. According to the judge, these confidential agreements amounted to illegal sponsorship.

Illegal advertising techniques used to sell tobacco

The manufacturer was also found guilty of using illegal advertising techniques. Indeed, Philip Morris put up price indications and advertising slogans on posters and floor stickers. The conviction also mentions the use of a support exclusively dedicated to Philip Morris products, highlighted by LED lighting. While there is an exception to the ban on advertising in tobacconists and newsagents, several advertisements were reported in other stores, where the total ban on advertising is in force. Finally, the manufacturer also violated the regulations on packaging. Some of them displayed terms such as "Maxi" or "Mega", which constitute illegal advertising for tobacco. Other packets, including after May 2017, were distributed with descriptors such as "menthol" or "white menthol", while the regulations have prohibited the sale of packets containing terms referring to a taste or smell since May 2016.

Advertising ban, a regulation poorly respected by manufacturers

These practices of circumventing the advertising ban by the tobacco industry are recurrent. In 2009, the manufacturer was able to avoid a conviction by reaching an agreement with the Belgian public prosecutor. These illegal strategies for promoting tobacco products also cast doubt on the manufacturer's public discourse, which claims to be committed to public health and to ending the marketing of cigarettes in the coming years. In France, the situation is very similar. Thus, in October 2021, the Versailles Court of Appeal sentenced the manufacturer British American Tobacco France (BATF) for illicit advertising of vaping products. More recently, at the beginning of December 2021, Philip Morris France and Philip Morris Products have been sentenced for tobacco propaganda and advertising for its heated tobacco device, IQOS.

FT

[1] From the day, Philip Morris veroordeeld voor illegale reclaime over heel België, 11/12/2021, (accessed 13/12/2021)