Philip Morris and Former President Jeanne Pollès Fined for Tobacco and Vaping Advertising
Paris, France – The French subsidiary of tobacco giant Philip Morris and its former president, Jeanne Pollès, have been found guilty of "direct advertising or promotion" of tobacco and vaping products by the Paris Criminal Court. The company was fined €500,000, while Pollès received a €50,000 fine.
The charges stemmed from the marketing of Philip Morris’ IQOS device, which heats tobacco instead of burning it. The court ruled that the IQOS website contained statements "aimed at promoting the quality and safety of the IQOS device, under the guise of a supposed scientifically validated reduction in the risks associated with tobacco consumption."
The IQOS device, marketed in France since 2017, uses tobacco-filled cartridges mixed with glycerin. Its technology heats the tobacco to a high temperature, but without combustion. Philip Morris claims that its product is "less harmful" than traditional cigarettes because it does not produce tar. However, no independent studies have confirmed this risk reduction, and anti-tobacco advocates argue that even if it were the case, the product would still be highly toxic.
"This promotion is a direct advertisement for the device that inevitably refers to the tobacco product that it allows to be consumed. It therefore constitutes illegal indirect advertising," the court stated.
Additionally, the court found that a publication from April 13, 2023, associated Philip Morris’ tobacco production with responsible forest management, which is also prohibited.
The court condemned the "deliberate" violations committed by a company and its president who were "perfectly advised and informed of the regulations in force." It found that they had "invested heavily in attempts to circumvent the current legislation" over a year and a half.
"This behavior stems from a purely economic calculation, which has been successful in light of the increased use of the IQOS device over the past five years," the court added.
The fines also took into account a previous conviction in 2011 "for direct advertising or promotion of tobacco or tobacco products."
The company and its former president, now retired, were prosecuted by the National Committee against Smoking (CNCT), a French anti-tobacco association. The defendants will be jointly liable to pay the CNCT €50,000 in damages and €5,000 each in legal fees.
The CNCT has previously successfully sued the company for similar reasons. In mid-2024, Philip Morris France was fined €500,000 and Philip Morris Products €400,000 in an appeals trial. The group has appealed this decision to the Supreme Court.
Implications and Reactions
The verdict is a significant victory for anti-tobacco advocates, who have long accused Philip Morris of using deceptive marketing tactics to promote its products. It is also a reminder that companies cannot circumvent tobacco advertising regulations, even through indirect means.
The tobacco industry has come under increasing pressure in recent years due to growing awareness of the health risks associated with smoking and vaping. Governments worldwide are implementing stricter regulations to curb tobacco use and protect public health.
Philip Morris has faced lawsuits and legal challenges in numerous countries over its advertising and marketing practices. The company has maintained that its products are less harmful than traditional cigarettes and that it is committed to responsible marketing.
