The companies Philip Morris France and Products appeared Thursday before the Paris Criminal Court for "
illegal advertising
" about "
IQOS
", an electronic device for smoking heated and unburned tobacco.
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At the origin of the hearing, the National Committee against smoking (CNCT) and the Non-smokers' rights association (DNF) accuse the world's largest tobacco producer of breaking the law which prohibits all tobacco advertising. .
The target is: a website intended to promote this new device, halfway between the classic cigarette and the electronic cigarette.
The two associations are also attacking a poster campaign that is too visible from outside tobacco shops.
Less harmful products?
Marketed in France since 2017, the “
IQOS
” is a small electronic box available over the counter. It is used to heat tobacco refills mixed with glycerin. Its technology prevents the combustion of tobacco. Philip Morris puts forward his product as being "
less harmful
" than conventional cigarettes, because it does not generate tar. "
The IQOS is not a tobacco product
", explained Me Astrid Mignon Colombet, representing the tobacco company in front of the 31st chamber. The distinction between the electronic device and its recharges must be made, she believes. The advertising focused on the device and not on the tobacco sticks. It was therefore not subject to regulations relating to tobacco products, she argues.
"
If I buy this IQOS box, what's the point if I don't buy tobacco refills?"
“, Wondered, taken aback, the president of the chamber. “
Just like an electronic cigarette, it's an accessory,
” retorted the defense. "
The IQOS is absolutely useless if we do not put tobacco in it
", underlined for her part Me Delphine Raynal-Cantagrel, representing the DNF association: "
it is not a decorative object
". The manufacturer has also defended his right to inform the consumer about a less harmful alternative: It is "
a product which is part of a third risk reduction approach alongside prevention and cessation
", assures its defense .
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The CNCT and the DNF, made up of civil parties, are claiming 1.73 million euros in damages from the two subsidiaries of Philip Morris for "
damage suffered as a result of the attack on the fight against smoking
".
The regulation of advertising for tobacco products provides that in the event of illegal propaganda or advertising, a fine corresponding to a maximum of 50% of the amount spent on the illegal operation may be set.
The National Committee against smoking is also suing the Nextinteractive group for "
complicity
" to have broadcast on the BFM Business site a report on "
IQOS
" and also summoned the British American Tobacco company to appear for "
illegal advertising
" of its “
Vype
”
vaping product
.
The court will deliver its decision on December 3.