Philip Morris convicted of unlawful advertising: heated tobacco under pressure in France

The tobacco group Philip Morris France has recently been convicted by the French courts of “unlawful advertising” around its IQOS and VEEV products. It is an important decision, showing how closely the French authorities now monitor the communication of heated tobacco and vaping manufacturers.

Although the case does not call into question the sale of these products in France, it could profoundly change the way brands talk about their devices and their alternatives to the conventional cigarette.

A heavy penalty for Philip Morris

The criminal court in Paris fined Philip Morris France 500,000 euros. The company’s president in France, Xavier Puech, was also given a personal fine of 50,000 euros.

The court took issue with several items published online between March and May 2025 on various sites linked to IQOS and VEEV. In the judges’ view, these publications went well beyond the purely informative framework allowed by French law.

Promotional offers, arguments presenting heated tobacco in a favourable light and appealing presentations of flavours were treated as unlawful advertising operations.

Philip Morris has decided to appeal against the decision.

Why do the courts treat this as advertising?

In France, tobacco regulation is extremely strict. Any communication liable to encourage or promote tobacco consumption is prohibited, even indirectly.

The main issue around IQOS is that the device works with refills containing tobacco. For the French courts, promoting the device therefore amounts to indirectly promoting tobacco itself.

As for VEEV, the judges considered that certain flavours and marketing arguments could make vaping too attractive and went beyond the simple role of informing adult consumers.

The courts are now looking in ever greater detail at the marketing strategies of the major brands: websites, educational content, promotional offers, the highlighting of flavours and even certain messages printed on packaging.

IQOS and VEEV remain available in France

The conviction does not mean that IQOS or VEEV products will disappear from the French market. The devices and refills continue to be sold as usual.

The case could, however, push manufacturers to review their communication entirely. Marketing campaigns are likely to become far more discreet and legally controlled.

The French authorities appear determined to prevent heated tobacco or certain vaping products from being presented as “modern”, “less harmful” or “more attractive” alternatives to the conventional cigarette.

Growing pressure on nicotine manufacturers

For several years, anti-smoking associations have been bringing more and more legal actions against the sector’s large companies. Their aim is clear: to stop manufacturers circumventing advertising bans through new forms of communication.

For these associations, even content presented as purely informative can become advertising when it places too much emphasis on the advantages of a product or encourages its use.

This latest conviction shows that the French courts now take a very strict view of the law.

What this changes for consumers

For smokers and vapers, the products will remain available, but the communication around them is likely to change significantly.

Consumers will probably see:

• fewer visible promotions;
• less “lifestyle” marketing content;
• more neutral, legally cautious communication;
• more health warnings;
• far more discreet campaigns.

Above all, the case illustrates an underlying trend: the heated tobacco and vaping market continues to grow, but under increasingly strong regulatory and judicial scrutiny in France.