CONSUMER LAW | AGCM fines Philip Morris Italia for misleading “smoke-free” marketing claims

On 10 June 2026, the Italian Competition Authority (ICA) concluded proceeding PS12940 and imposed a fine of EUR 7 million on Philip Morris Italia S.r.l. for unfair commercial practice. The investigation, initiated following a report by the Ministry of Health, concerned the marketing claims “smoke-free”, “smoke-free products”, and “build/design/accelerate a smoke-free future”, used by Philip Morris in its promotional campaigns for heat-not-burn tobacco products. According to the AGCM, these claims mislead consumers – including minors – into believing that such products have no harmful health effects or are less harmful than traditional cigarettes. The AGCM found that reduced or absent harmfulness of heat-not-burn products is not supported by current scientific and clinical knowledge, particularly in light of their nicotine content. Philip Morris Italia S.r.l. is required to notify the AGCM, within 60 days of notification of the decision, of the measures taken to cease the unfair practice.

Newsletter n. 119 – June 2026