France

The National Committee for Tobacco Control (CNCT) brought an action against l'Equipe magazine and its editor, alleging that the magazine contained illegal tobacco product branding.  The court of first instance found in favor of CNCT, and l'Equipe appealed.  The court of appeals affirmed the lower court's decision, and L'Equipe appealed again.  In this last appeal, the magazine argued that the purpose of the photos was not to promote tobacco but to report on motorsport winners, and that because the same images were broadcast legally on television, the law treated the written press unfairly. The Court of Cassation observed that the French law bans tobacco advertising and promotion, but specifically allows the broadcast of motorsport events that take place in countries without such a law banning tobacco advertising.  The court accordingly upheld the court of appeals' ruling and dismissed the appeal.