TOBACCO CONTROL LAWS

Société Logista France v. National Committee for Tobacco Control

The National Committee for Tobacco Control (CNCT) brought a claim against two defendant tobacco companies. The CNCT alleged that the companies engaged in illegal tobacco advertising in violation of the French Public Health Code because of their use of the words “liberté toujours” (freedom always) on the packaging of Gauloises cigarettes. The CNCT also alleged that an insert in Gauloises cigarette packages violated the Public Health Code. The insert read: “New law. Colours and logos will disappear but the taste of the Gauloises will not change. Ask for Gauloises red blonds at your tobacco shop. Freedom always.”

The CNCT was successful at trial. The defendants appealed, submitting that the communications were not intended to promote tobacco products. The Court of Appeal disagreed and determined that the communications had an aim of promoting tobacco products and were commercial in nature. The Court of Appeal also noted the aggravating nature of the offenses, given that both tobacco companies were repeat offenders.

The Court of Appeal found both defendants guilty of illegal advertising in violation of the French Public Health Code and fined each defendant 100,000 euros. The Court of Appeal also ordered the defendants to jointly pay the CNCT 50,000 euros and ordered each defendant to pay the CNCT 2,000 euros in costs for the appeal.

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Société Logista France v. National Committee for Tobacco Control, Paris Court of Appeal, Second Division, 11th Chamber, File Number 19/04869

  • France
  • Jan 27, 2022
  • Paris Court of Appeal

Parties

Plaintiff

  • Société Logista France (Appellant)
  • Société Seita also known as Seita-Groupe Imperial Tobacco (Appellant)

Defendant

  • National Committee for Tobacco Control (Cross-Appellant)
  • Public Minister (Cross-Appellant)

Legislation Cited

Code of Public Health

French Criminal Code

French Code of Criminal Procedure

Related Documents

None

Type of Litigation

Enforcement Action by a Private Individual or Private Entity
Some jurisdictions allow an individual or organization to initiate an action against another private party who is not following a particular law. For example, a person may sue a restaurant that allows smoking despite a smoke free law. If the plaintiff is claiming the violation of the law caused physical harm, this may also be a personal injury case.

Tobacco Control Topics

Packaging and Labeling Measures
Measures to regulate the marketing on tobacco packages. This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging. (See FCTC Art. 11)
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 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.

Type of Tobacco Product

None

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