The CNCT condemns Philip Morris France and its former president

Following legal action by the National Committee Against Smoking (CNCT), cigarette manufacturer Philip Morris France and its former president Jeanne Pollès have been convicted by the Paris Criminal Court for direct advertising or propaganda in favor of tobacco products and vaping. The fine was set at €500,000 for the manufacturer, and €50,000 for the former CEO of Philip Morris France. This is the first court decision where liability for violations of the law is also attributed to a representative of the group, and not only to the latter as a legal entity.

As part of its judicial prevention mission, the CNCT sued Philip Morris France and its former manager Jeanne Pollès for their repeated violations of the ban on advertising tobacco and vaping products, through a multi-media marketing strategy: communication on social networks, websites, communication and lobbying campaigns, direct mobilization of consumers, etc. The CNCT "welcomed" the conviction, deemed essential to combat the tobacco industry and the feeling of impunity of its managers. However, since it can be appealed, PMF and Jeanne Pollès therefore benefit from the presumption of innocence.

Facts of illicit advertising in favor of tobacco and vaping

In its decision, the court considered in particular that the promotion of the "advantages" of its IQOS heated tobacco device, in particular compared to traditional cigarettes, constitutes "direct advertising [...] which inevitably refers to the tobacco product that it allows to be consumed". Similarly, the Paris Criminal Court considered in its decision that the disputed assertions in favor of vaping products demonstrated a "laudatory nature" exceeding "objective information on the product". This decision is a new conviction of the manufacturer, already found guilty of violations of the provisions of the Public Health Code by the French courts.

A deliberate strategy to circumvent legislation

Philip Morris France was thus sentenced to a fine of €500,000, while its former president was sentenced to a fine of €50,000. In addition, the sum of €50,000 was jointly and severally demanded as damages. Indeed, according to the Paris Criminal Court, the offences in question were part of a deliberate strategy on the part of the manufacturer, but also of its president, who was considered to be perfectly advised and informed of the provisions in force. Thus, the strategy of circumventing the legislation, to which the group has " dedicated major investments » is an illustration of the notion of lucrative fault, supported by the CNCT. As the court points out, "this attitude is based on pure economic calculation, which is profitable in view of the increase in the use of the IQOS device over the last five years."

FT

[1] Official Journal, Order of February 7, 2025, (accessed 02/17/2025)

[2] Sheikh ZD, Branston JR, Gilmore AB, Tobacco industry pricing strategies in response to excise tax policies: a systematic review, Tobacco Control 2023;32:239-250.