Netherlands: Criminal complaint filed against Philip Morris for deception regarding heated tobacco

In the Netherlands, the Stichting Rookpreventie Jeugd (Foundation for the Prevention of Smoking Among Young People) announced on November 2, 2026[1] She announced that she would be filing a criminal complaint against Philip Morris. She accuses the tobacco company of misleading the public about its heated tobacco product and of engaging in illegal advertising. Prepared by criminal lawyer Bénédicte Ficq and the De Roos law firm, the complaint is to be submitted to the Dutch Public Prosecutor's Office (Openbaar Ministerie) by mid-November. It alleges forgery, fraud, and repeated violations of the ban on advertising tobacco and nicotine products. Several major Dutch healthcare organizations support her, including the Netherlands Cancer Institute (NKI/Antoni van Leeuwenhoek), KWF Cancer Foundation, Longfonds, and Hartstichting. The complaint is accompanied by a public campaign, "Stop Philip M." This report contrasts the tobacco company's marketing arguments point by point with independent research data and places heated tobacco within the long history of tobacco products presented as supposedly "less harmful".

A complaint for deception, fraud, and illegal advertising

The Stichting Rookpreventie Jeugd accuses Philip Morris of misleading marketing surrounding its heated tobacco product, IQOS.[2]-[3]. According to the foundation, the company relies primarily on data it has produced itself and ignores concerning findings published in independent scientific literature. The complaint has two parts. The first concerns deception and fraud related to the product's presentation and accompanying claims. The second concerns the systematic violation of the advertising ban stipulated by the Dutch Tobacco and Tobacco Products Act (Tabaks- en rookwarenwet). According to the campaign, this is the first time Philip Morris has been targeted for both violating this law and for deception and fraud. The campaign aims to demonstrate that the company deliberately uses misleading claims to present and sell its products as better and less harmful.

The foundation recalls the sanctions already imposed on the company in recent years by the Dutch Consumer Product Safety Authority (NVWA) and, more recently, by the Advertising Code Commission, the Dutch self-regulatory body for advertising. August 7, 2026[4], This body ruled that Philip Morris's "Your Choice" campaign violated the ban on tobacco advertising. The campaign invited tobacconists to use an artificial intelligence tool funded by the company to contribute to the European public consultation on revising tobacco legislation. According to lawyer Sjoerd Lopik, the fines and settlements have not prevented further violations, and "it is now criminal law that must be applied.".

This initiative by healthcare professionals is not new. Back in 2016, Bénédicte Ficq filed a complaint on behalf of the foundation against several manufacturers, including Philip Morris, notably for attempted murder. The public prosecutor's office refused to pursue the case, arguing that industry regulation fell under the purview of public authorities, not criminal courts. According to the lawyer, the situation is different today, as the law already prohibits tobacco advertising and consumer deception. The complaint aims to "stop reacting to events and intervene while there is still time." It is now up to the public prosecutor's office to decide what action to take. The articles consulted mention no reaction from Philip Morris.

Six marketing arguments challenged by independent research

The campaign lists six arguments used by Philip Morris to present heated tobacco as less harmful. For each one, it cites studies from research and public health institutions.[5].

Philip Morris initially presented heated tobacco as a substitute for smokers who couldn't quit nicotine. However, a 2025 study from Maastricht University showed that these products were particularly appealing to younger generations. According to this study, more than two out of three users also smoked cigarettes, and heated tobacco did not appear to be an effective way to quit smoking traditional cigarettes. The company then claimed that heated tobacco was less harmful. As early as 2018, the RIVM, the Dutch National Institute for Public Health and the Environment, pointed out that "less harmful" does not mean "lower risk." Even a small amount of a carcinogenic substance is enough to cause cancer, and some harmful substances are even more concentrated in heated tobacco emissions than in cigarette smoke. In February 2026, based on the thesis of its researcher Michele Davigo, the RIVM confirmed that these products are "also harmful to health." They have immediate effects on blood pressure, heart rate, blood vessel elasticity, and lung function. Their long-term effects remain unknown. For its part, the U.S. Food and Drug Administration (FDA) has denied Philip Morris the right to market this product as harm-reducing.

The claims that the product is "burn-free" and "smoke-free," emitting only an "aerosol," are also disputed. According to the Trimbos Institute (2024), tobacco heated to 350°C does undergo incomplete combustion, releasing harmful substances. For the campaign, "aerosol" is simply another word for smoke. As for the idea that the product does not degrade indoor air quality, independent Canadian studies have detected volatile organic compounds, aldehydes, nitrogen compounds, and other toxic substances in the air exhaled by users. The Trimbos Institute sees this as evidence of a risk to passively exposed individuals. Finally, Philip Morris maintains that its product is intended for adult smokers only. According to the campaign, it is actually promoted to young people, in campaigns that associate it with adventure, innovation and celebration, and data from the Trimbos Institute indicate that it is mainly used by young people.

From "light" cigarettes to heated tobacco: a pattern that repeats itself

For the plaintiffs, the promotion of heated tobacco products is a continuation of a strategy the industry has employed for decades. As soon as the harmful effects of its products become undeniable, it promotes a solution presented as "safer," which only serves to perpetuate nicotine addiction. According to the Dutch organization, the tobacco company's "smoke-free world" campaign is now extending this logic: it adopts the concept of "harm reduction," borrowed from addiction studies, and the "tobacco-free generation" objective championed by health organizations.

In France, the National Committee Against Smoking (CNCT) is also taking legal action against these practices. It has been suing Philip Morris since 2017 for promoting its heated tobacco device. [In June 2024]

The Dutch complaint comes during the review of European directives on tobacco products and tobacco taxation, in which new tobacco products and other nicotine products are central to the discussions. The "Your Choice" campaign, sanctioned in August, demonstrates that the industry is also seeking to influence these debates by directly using consumers. These proceedings serve as a reminder that the effective enforcement of existing bans, including through criminal proceedings, is essential to protecting public health policies from industry interests.

©Generation Without Tobacco

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[1] Youth Smoking Prevention files complaint against Philip Morris, TabakNee, published on November 2, 2026, accessed the same day

[2] NL Times (ANP), Dutch charges against Philip Morris for misleading youth with heated tobacco claims, November 2, 2026, accessed the same day

[3] Stop Philip M., Please note that the Philip Morris website is subject to misrepresentation and verboden advertising., November 2, 2026, accessed the same day

[4] OUR, Tabaksgigant Philip Morris krijgt tik op de vingers voor omstreden AI-campaign, August 7, 2026, accessed the same day

[5] Stop Philip M., The pattern that repeats itself, accessed on November 2, 2026.

[6] Philip Morris fined €900,000 for IQOS advertising, CNCT, published on July 9, 2024, accessed on November 2, 2026

[7] Philip Morris France faces another conviction, and its former president receives her first conviction., CNCT, published on February 25, 2025, accessed on November 2, 2026

[8] Heated tobacco packs: statements deemed advertising by the Paris court, CNCT, published on January 23, 2026, accessed on November 2, 2026

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