Dutch campaigners accuse Philip Morris of heated tobacco fraud

A criminal complaint is being filed against Phillip Morris for fraud and forgery. A Dutch anti-smoking foundation says it has falsely presented heated tobacco as less harmful than smoking, and broken the ban on advertising tobacco in the Netherlands.

Stichting Rookpreventie Jeugd, a foundation that campaigns against youth smoking, said on Monday it would hand the complaint to the public prosecution service (OM) in mid-November.

The foundation, chaired by former lung specialist Wanda de Kanter, says Philip Morris backs its claims mainly with its own studies and leaves out worrying findings from independent research. It also accuses the company of illegally promoting heated tobacco through specialist shops.

Cancer charity KWF, the lung and heart foundations, the Antoni van Leeuwenhoek cancer institute and the lung doctors’ association NVALT have pledged to back the complaint.

“Since fines from regulators and settlements with bereaved relatives have not stopped Philip Morris from committing new violations, it is now up to criminal law,” lawyer Sjoerd Lopik said in a statement.

In June, doctors and health groups complained to the advertising watchdog about a Philip Morris campaign that used an AI tool to help people object to tougher EU tobacco rules. The Reclame Code Commissie later ruled that the campaign breached the advertising ban.

The foundation’s previous criminal complaint against tobacco makers, filed in 2016, did not lead to a prosecution. A court ruled that regulating the industry was a matter for the government. The foundation says the new complaint is based on breaches of existing law.