TOBACCO CONTROL LAWS

Philip Morris Baltic v. Department of Drug, Tobacco and Alcohol Control

Philip Morris Baltic ("Philip Morris") appealed a decision by the Department of Drug, Tobacco and Alcohol Control ("the Department") fining the manufacturer 2,100 Euros for illegal tobacco advertising and promotion. A lower court had previously rejected Philip Morris's initial complaint. The advertisements in question were promoting IQOS heating devices and involved both internet advertising and point of sale advertising. Philip Morris argued that the tobacco control law does not apply to electronic devices, that the information provided was not about tobacco products or related products, nor was it presented in a way that may mislead consumers. The court upheld the Department's decision, which was based on the finding that the advertising in question constituted unlawful hidden advertising of tobacco products. In disseminating information about the IQOS device, Philip Morris was also unlawfully disseminating information about and promoting the use of tobacco products.

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Philip Morris Baltic v. Department of Drug, Tobacco and Alcohol Control, Ruling of 24 March 2021, Supreme Administrative Court of Lithuania (2021).

  • Lithuania
  • Mar 24, 2021
  • Supreme Administrative Court of Lithuania

Parties

Plaintiff Philip Morris Baltic

Defendant Department of Drug, Tobacco and Alcohol Control

Legislation Cited

Law No. I-1143 on Tobacco, Tobacco Products and Associated Products (as amended)

Related Documents

LT 20210324 PM Baltic v Dept of Drug Tobacco Alcohol Control LT

Type of Litigation

Government Enforcement Action
Government, through its agencies and officials including prosecutors, may seek to enforce its health laws. For example, the government may revoke the license of a retailer that sells tobacco products to minors. These cases may also directly involve the tobacco industry, for example, a government might impound and destroy improperly labeled cigarette packs.

Tobacco Control Topics

Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)

Substantive Issues

Right to Commerce
A violation of the right to carry on trade, business, or profession of a person’s choice. This right may also be called the right to free enterprise or economic freedom. The industry may argue that a business should be able to conduct its business without government regulation, including whether or not to be smoke free.
Right to Access to Information
A violation of the public’s right to information. The tobacco industry may claim that advertising, promotion or sponsorship, or packaging regulations limit the industry’s ability to communicate information to their customers and therefore infringes on the customer’s right to receive information, and to distinguish one product from another. Alternatively, public health advocates may claim that tobacco industry misinformation violates their right to accurate information or that government must be transparent in its dealings with the tobacco industry.
Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.

Type of Tobacco Product

Heated tobacco products (HTPs)

Heated tobacco products (HTPs) are tobacco products that require the use of an electronic device to heat a tobacco insert (stick or pod of compressed tobacco). HTP systems are fully integrated so that the heating device and tobacco insert for each system must be used together.

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