British American Tobacco and Amazon fined for false advertising in Italy

British American Tobacco and Amazon have been fined a total of €7 million for misleading advertising of the glo heated tobacco device. The product description on the online sales site stated, among other things, that the device did not contain nicotine.

In countries where tobacco advertising is banned, tobacco manufacturers try to promote their products through the information they provide. This information often corresponds to incomplete or erroneous messages that do not properly inform consumers.

This type of process was used in Italy to promote the glo heated tobacco device, produced by British American Tobacco (BAT) and has just been sanctioned.

Products presented as being nicotine-free

The Italian competition authority (AGCM), which had launched an investigation in April 2023, has in fact fined BAT and Amazon 7 million euros for false advertising.[1]. These fines are divided between 6 million euros for BAT and 1 million euros for Amazon. They are notably accused of not having adequately informed consumers of the presence and consequences of nicotine in these products, in terms of health risks and addiction.

The glo Hyper X2 and glo Hyper Air products were advertised on Amazon as “simple electronic devices” or “design objects.” A street sign also allegedly contained similar misleading information.

Consulted February 14, 2024, the French version of the online sales site still indicated that the product glo Hyper X2 "does not contain nicotine", because "The kit does not contain neo sticks, therefore it is nicotine and tobacco free"[2] (sic). On the same date, the reference for this product had disappeared from the Italian version of Amazon.

The AGCM also criticized the fact that no warning prohibiting sales to minors had been posted. Both BAT and Amazon have decided to appeal this court decision.

Philip Morris sued in France for propaganda and advertising

In France, the heated tobacco manufacturer Philip Morris France (PMF) is also being prosecuted for illegal advertising concerning these products. It also bases its defense on the fact that the advertising visuals only presented the IQOS electronic heated tobacco devices, i.e. the device, but without the Heets tobacco sticks that are placed inside them. PMF and Philip Morris Products were however convicted for propaganda and advertising, as these heated tobacco sticks can only be used in the IQOS device.[3]They have appealed the decision in these ongoing proceedings.

Keywords: Italy, Amazon, British American Tobacco, glo, neo, heated tobacco

M.F.

[1] Italian watchdog fines BAT and Amazon over misleading advertising, Reuters, published February 14, 2024, accessed the same day.

[2] GLO hyper X2 Electric Tobacco Heater for Classic Cigarette Flavor, Alternative to E-Cigarette, Up to 20 Sticks per Battery Charge, Contains No Nicotine, Black, Amazon France, consulted on February 14, 2024.

[3] The CNCT has Philip Morris convicted for illegal advertising of its IQOS device, CNCT, published on December 3, 2021, consulted on February 14, 2024.