Pulmonologist Wanda de Kanter and lawyer Bénédicte Ficq are preparing a criminal complaint against Philip Morris, accusing the tobacco company of misleading consumers over its heated tobacco products.
The complaint, organised by the Smoke-Free Youth Foundation (Stichting Rookpreventie Jeugd), focuses on the marketing of electronic devices that heat specially designed tobacco sticks rather than burning them. Philip Morris presents the products as less harmful than conventional cigarettes.
However, the Dutch National Institute for Public Health and the Environment (RIVM) warns that heated tobacco products remain harmful and should not be considered a safe alternative to smoking.
The foundation alleges that Philip Morris uses misleading information in its marketing and has committed multiple violations of the ban on advertising nicotine products. It argues that the company’s strategy is ultimately aimed at getting as many people as possible addicted to nicotine.
The complaint, drafted with the assistance of Ficq, is due to be submitted in two weeks. It is also backed by organisations including the Dutch Cancer Society (KWF Kankerbestrijding) and the Lung Foundation Netherlands (Longfonds).
Second legal challenge against tobacco giant
De Kanter and Ficq previously filed a complaint against Philip Morris and other tobacco manufacturers in 2016, accusing them of attempted murder in connection with the so-called “fraud cigarette” case.
That case concerned conventional cigarettes with ventilation holes in their filters, which allegedly allowed smokers to inhale higher levels of harmful substances than indicated by official measurements and packaging information.
Prosecutors declined to pursue criminal charges, arguing that regulation of the tobacco industry should be handled through political and legislative measures.
The campaigners believe the legal grounds for prosecution are stronger this time, as misleading consumers and advertising tobacco products are already prohibited under existing law.
“This complaint is intended to ensure that we do not once again act too late, but intervene while there is still time,” Ficq said.
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