Antimonopoly Committee of Ukraine launches investigation into lawfulness of advertising IQOS as less harmful alternative to cigarettes

KYIV. Jan 3 (Interfax-Ukraine) – On December 30, 2022, the Antimonopoly Committee of Ukraine (AMCU) filed a case against Philip Morris Sales and Distribution LLC about possible unfair competition, since the company, when advertising its IQOS tobacco heating systems, stated that they were safer for the health of a smoker compared to with regular cigarettes.

The Committee, in a post on its website on Tuesday, cites data from the Ministry of Health of Ukraine, according to which any tobacco heating systems are dangerous and do not reduce the risks of smoking.

"The case was initiated on the application of a consumer who informed the Committee that in 2018-2021 he used tobacco products for electric heating of the IQOS HEETS system (manufactured by Philip Morris International, hereinafter referred to as PMI) and mistakenly believed that these products were safer for his health, than ordinary cigarettes. At the same time, the consumer said that he did not find proper confirmation of the veracity of this information of PMI," the AMCU said, explaining the reason for starting the investigation.

According to the committee, PMI did not provide the AMCU with documents confirming the truthfulness, accuracy and completeness of the statements used when advertising its products in Ukraine, namely that a full transition to IQOS poses a lower health risk compared to continuing to smoke, and that IQOS allocates 95% less harmful chemicals compared to cigarettes.

"Consequently, the company’s actions, in the form of dissemination of the above statements without proper confirmation of this information, contain signs of a violation provided for in Article 151 of the Law of Ukraine "On Protection from Unfair Competition" – dissemination of misleading information," the Antimonopoly Committee said.

Philip Morris International, which includes PJSC Philip Morris Ukraine, is one of the world’s largest manufacturers of tobacco products. It has been working in Ukraine for more than 20 years, owns a factory in Kharkiv region. About 1,300 people worked at the company’s enterprises before the Russian armed invasion. Before the war, the factory was an export hub for more than 20 countries, in particular such large markets as Japan and Egypt.

The company’s brand portfolio includes Marlboro, L&M, Chesterfield, Parliament, Bond Street and others. PMI also produces IQOS tobacco heating systems and tobacco sticks for them.

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