Heated tobacco: Paris Court of Appeal fines Philip Morris €900,000 for illegal advertising

At the end of June, the Paris Court of Appeal convicted Philip Morris France (PMF) and Philip Morris Products (PMP) for illegal tobacco advertising for its heated tobacco device, IQOS. The manufacturer has been marketing its product for seven years in France and is actively promoted in tobacco shops and on the Internet.

Philip Morris was fined €900,000, with the penalty being split between Philip Morris France, which is a repeat offender and will pay €500,000 in fines, and Philip Morris Product, €400,000. The National Committee Against Smoking (CNCT), which initiated the proceedings, has noted that since the product was launched in the country, there have been large-scale advertising campaigns. As part of its missions entrusted by the Ministry of Health, the association has initiated proceedings to put an end to these violations and circumventions of the legislation in force concerning the ban on advertising tobacco products.

The IQOS r devicefalls within the scope of tobacco product regulation

Heated tobacco products are presented as mini-cigarettes containing a filter and tobacco that must be inserted into a device that heats the tobacco to 350°C, releasing an aerosol to be inhaled. In France, Philip Morris is the only manufacturer to market this type of product. One of the arguments put forward in support of the advertising made is that the IQOS electronic device is not a tobacco product as such. Therefore, it should not be subject to the regulations relating to it. However, the judges of the Paris Court of Appeal confirmed that the IQOS device is inseparable from a tobacco product. Indeed, even if the electronic device is not a tobacco product as such, it cannot be used without HEETS tobacco refills. Thus, it falls within the scope of the regulation of tobacco products and cannot be the subject of any advertising, regardless of the medium, particularly in points of sale and on the Internet.

The judges also point out that the entire advertising universe for the IQOS device is reminiscent of tobacco, whether on the Internet where the product is "presented as an alternative to cigarettes for smokers wishing to continue their tobacco consumption", or at points of sale where all the advertisements displayed refer to the tobacco that the device allows you to consume.

A marketing strategy that has an impact on tobacco consumption

The Court of Appeal states that the advertising strategy deployed in France around this product stems from a global strategy coordinated by Philip Morris International. For the judges, these advertising campaigns were carried out "with full knowledge of the facts by companies that are fully advised and aware of the legislation in force - here in France -" And "that it had a certain impact on tobacco consumption in view of the evolution of the share represented by the IQOS product in the group's sales, i.e. 18.7 % in 2021 and 32.1% in 2022" (Here: worldwide sales)

In 2014, Philip Morris began a strategic shift in its positioning by announcing that it would work towards a “smoke-free world.” This new approach comes at a time of increasingly stringent regulations in most countries around the world, resulting in a decline in smoking rates. Added to this is the development of problematic lawsuits for the company’s image and the need to remain attractive to investors. The change has resulted in the launch of new tobacco and nicotine products, aggressively promoted, such as heated tobacco, vaping products and nicotine pouches grouped under the name “combustion-free products.” The manufacturer designs all of its products as possible entry points into nicotine addiction and as means of preventing current consumers from quitting smoking while improving its image and profit margins.

For the CNCT, this decision is essential and is likely to "constitute a precedent for other countries where the IQOS device is actively promoted and undermines the objectives of reducing smoking"[1]. While heated tobacco consumption is on the rise in France, it remains marginal compared to other countries whose legislation remains particularly flexible with regard to these products. A recent study conducted in Pakistan showed that 13% of adults regularly consumed a heated tobacco product.[2].

©Tobacco Free Generation

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[1] Press release, Philip Morris fined €900,000 for IQOS advertising, published July 9, 2024, accessed July 10, 2024

[2] Irshad HA, Jehanzeb H, Raja S, Saleem U, Shaikh WA, Shahzad A, Amirali A, Iqbal N, Khan JA. Heated tobacco products- well known or well understood? A national cross-sectional study on knowledge, attitudes and usage in Pakistan. BMC Public Health. 2024 May 16;24(1):1328. doi:10.1186/s12889-024-18825-y. PMID: 38755586; PMCID: PMC11100178.

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