In France, Philip Morris was prosecuted and convicted for illegally promoting its IQOS heated tobacco device.

Nicolas Thierry, the Green Party MP for Gironde's second constituency, announced on January 23, 2026, that he had filed a complaint with the courts and the Directorate General for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF) regarding Philip Morris's marketing practices related to the promotion of its IQOS heated tobacco device in Bordeaux. According to the MP, these practices could constitute criminal offenses under current legislation on tobacco advertising.[1]. In Paris, Philip Morris has also just been convicted by the court, at the initiative of the CNCT (National Committee Against Tobacco), for illegal advertising of this same product. These events illustrate the tobacco company's consistent practices and the importance of legal action against it.

Philip Morris is violating the ban on tobacco advertising with its IQOS in Bordeaux

MP Nicolas Thierry's action follows the broadcast of documentary from France Télévisions «"Drenched in smoke, I infiltrated the vaping industry."», which focuses on the commercial strategies of the tobacco and nicotine industry with its new products, in particular the electronic cigarette (which is a tobacco-free nicotine product) and heated tobacco (which is a tobacco product consumed with an electronic device).

The MP specifically denounces indirect promotional activities carried out in bars in Bordeaux, aimed at associating the product with a festive and socially attractive environment, particularly among a young audience. The documentary notably features an evening in a bar where hostesses promote IQOS, the heated tobacco product marketed by the tobacco company Philip Morris, amidst seated patrons. The hostess's argument is that this product is "« a less harmful alternative to cigarettes »and that’ We remove 95% of the elements that are harmful. »In this case, we are dealing with arguments from the manufacturer Philip Morris that are not supported by science and are not based on any independent scientific research. The aim is to conflate heated tobacco and e-cigarettes, developing a narrative of "harm reduction" and downplaying the specific risks of heated tobacco.

Furthermore, the report shows that several days after the party, the investigative journalist received text messages and calls about IQOS, which constitutes illegal promotion of this product outside of physical points of sale.

Nicolas Thierry believes that the elements presented in this report reveal a strategy to circumvent the legal ban on all advertising for tobacco products, as defined in the Public Health Code:« Propaganda or advertising, direct or indirect, in favour of tobacco, tobacco products, ingredients defined in article L. 3512-2, as well as any free distribution or sale of a tobacco product at a price lower than that approved pursuant to article L. 3512-14-15 are prohibited. » (Article L3512-4).

The public prosecutor of Bordeaux, Renaud Gaudeul, confirmed receipt of the report transmitted under Article 40 of the Code of Criminal Procedure, without providing further details at this stage.

Southern France, a "laboratory" for manufacturers targeting young people and non-smokers, far from Paris

According to Nicolas Thierry, Bordeaux has been used as a testing ground for the deployment of these business practices for the past two years. Philip Morris, in the documentary "Enfumés" (Smoked), acknowledges testing its products in Bordeaux and having a "« record market share »"Products are seen in places frequented by young people, such as bars, restaurants and nightclubs, with sweet and fragrant aromas, in order to trivialize them and conceal as much as possible their harmfulness and extremely addictive nature.

Philip Morris is acting with the deliberate intention of distancing itself from Paris,« far from anti-smoking associations »"where they are exercising particular vigilance. He also mentions the possibility of extending this promotional campaign to Toulouse and Montpellier.".

The MP is calling for an investigation into the alleged facts to assess potential criminal offenses, deceptive business practices, or deliberate circumvention of the law. He explains that Bordeaux is a student city with a large youth population, creating fertile ground for fostering early nicotine addiction among young people who will then become customers.

Nicolas Thierry thus intends to do "« bringing this topic into the public sphere »He reminded everyone that tobacco is the leading cause of premature and preventable death in France, with 75,000 deaths annually. He stressed the need for better regulation of the use of new products (e-cigarettes and heated tobacco) in order to prevent their consumption.[2].

In Paris, another case of illegal IQOS advertising highlights the need for global vigilance in the face of a repeat offender industry

This example from the south of France should not obscure the fact that, in reality, the tobacco and nicotine industry has been trying for years to aggressively sell its products throughout the country, by all possible means, not hesitating to systematically violate the law on advertising and illegal promotion in favor of tobacco and vaping products to target young people and non-smokers.

Thus, the CNCT had already in the past prosecuted the manufacturer for offences relating to advertisements in favour of its heated tobacco device with an action initiated as early as 2017.

These violations of the law are carried out knowingly, according to a principle of acceptable cost: as long as the profits generated by the sale of tobacco or nicotine products remain greater than the fines, sanctions or financial compensation incurred, it is economically rational for the manufacturer to continue its practices, even if they are illegal.

The industry also exploits the lengthy legal process, which can take years, by multiplying formal appeals, a prerequisite that prevents judges from ruling on the merits of the case. This delaying tactic by the manufacturer aims to buy time to establish its market. The objective is that, by the time a final judgment is reached, nicotine addiction will already be firmly entrenched in the target audience.

Faced with this expansion, which threatens public health, the vigilance of public health associations remains essential. The monitoring carried out by organizations like the CNCT factually documents the extent of advertising, and the associated legal actions are a means of compelling manufacturers to limit their marketing. In doing so, their actions prevent the development of new markets and the increase in the number of addicted individuals and future illnesses.

Recently in Paris, the CNCT (National Committee Against Corruption) once again secured a conviction against Philip Morris for illegal promotional messages on IQOS packaging.[3] The Paris Judicial Court, in a judgment rendered on January 22, 2026, recognized the advertising nature of the phrases "NO COMBUSTION = NO SMOKE" and "HEETS HASN'T CHANGED" appearing in packets of heated tobacco products. The court emphasized that, through their content, wording, and graphic presentation, these messages are likely to enhance the product's image, mitigate the perception of its risks, and influence consumer behavior. This decision, which will almost certainly be appealed, is nonetheless consistent with established case law. It contributes to the effectiveness of the ban on tobacco advertising and helps prevent circumvention strategies developed around so-called "innovative" products.

©Generation Without Tobacco

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[1]Alicia Girardeau, ""My city is a laboratory for tobacco giants": Philip Morris accused of illegal advertising in Bordeaux, France Info, published on January 24, 2026, accessed on January 26, 2026

[2]Daniel Bozec, «Bordeaux, Philip Morris laboratory»: the tobacco giant criticized for its pro-vaping «shadow marketing», Southwest, published on January 23, 2026, accessed on January 26, 2026

[3]National Committee against Smoking, Heated tobacco packs: statements deemed advertising by the Paris court, Published on January 23, 2026, accessed on January 26, 2026

National Committee Against Smoking |