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The Antimonopoly Committee of Ukraine (AMCU) has recognized as misleading the statements about reduced harm from using IQOS devices and heated tobacco products (sticks) compared to cigarette smoking, which were distributed by Philip Morris Sales and Distribution LLC.
What Happened?
A citizen who used the IQOS device and heated tobacco products manufactured by Philip Morris International from 2018 to 2021 appealed to the Antimonopoly Committee. As the NGO “Life” has learned, the applicant is Vardkes Arzumanyan, a Lviv restaurateur who underwent severe treatment for lung cancer.
In his statement, he noted that Philip Morris Sales and Distribution actively advertised IQOS, positioning it as a safer alternative to conventional tobacco products, and deliberately created a positive image of the product. Such actions of the company encouraged the applicant to start smoking IQOS.
After considering the arguments of the parties, the AMCU concluded that Philip Morris disseminated inaccurate information about IQOS products, which misled consumers: “The actions of the Company [Philip Morris Sales and Distribution LLC], which consist in disseminating to an indefinite number of persons inaccurate information in the form of the statement “IQOS emits on average 95 percent lower levels of harmful chemicals compared with cigarettes” and its variations with explanations / warnings to them, and the statement “Switching to IQOS poses less risk to your health than continuing to smoke” and its variations with explanations / caveats to them, which may affect the intentions of these persons to purchase IQOS products of this business entity, contain signs of violation of the legislation on protection against unfair competition provided for in Article 15-1 of the Law of Ukraine ‘On Protection against Unfair Competition’ in the form of dissemination of misleading information”.
Thus, AMCU identified the following statements and their variations with explanations/warnings as misleading:
- “IQOS emits on average 95 percent lower levels of harmful chemicals compared with cigarettes”;
- “Switching to IQOS poses less risk to your health than continuing to smoke”.
The AMCU ordered Philip Morris Sales and Distribution LLC to stop disseminating inaccurate information about IQOS devices and heated tobacco products, and obliged it to inform consumers in a way that is not misleading.
“Given the fact that the AMCU has established that the tobacco company misled consumers, it is unclear why no financial sanctions have been imposed. At the same time, the tremendous work done by the AMCU in the course of the case will help protect the interests of consumers from misleading statements of the tobacco industry”, said Dmytro Kupyra, executive director of the NGO “Life”.
Philip Morris Hides Behind the Nonexistent FDA Position
Even more hypocritical is the fact that Philip Morris, claiming that using IQOS is less harmful than smoking cigarettes, referred to the US Food and Drug Administration (FDA), while the FDA did not authorize Philip Morris International to market IQOS with claims of reduced exposure.
WHO’s Position on Heated Tobacco Products (HTPs)
The World Health Organization unequivocally states that all forms of tobacco use cause devastating health damage due to the toxic effects of tobacco on human health. The WHO urges for a ban on all manufacturers and related groups from making claims of reduced harm for HTPs compared to conventional tobacco products or presenting HTPs as an suitable method for cessation of any tobacco product, and for HTPs to be regulated at the same level as conventional cigarettes, including excise taxation.
The Situation in Ukraine with HTP Consumption
In Ukraine, the consumption of heating tobacco products is growing rapidly: from 0% in 2017 to 23% in 2024 among all consumers of tobacco and nicotine products. The highest consumption of HTPs is concentrated among young people: according to the KIIS survey of 2024, 45% of smokers aged 18-29 use HTPs, while in 2023 this figure was 37%.
These data are confirmed by the Euromonitor International report, which shows that the consumption of heating tobacco products in Ukraine is growing, and Philip Morris International has the largest share of the HTP market, controlling 75% of it in 2023.
Therefore, the Antimonopoly Committee’s decision to recognize the claims about the reduced harm of IQOS as misleading is an important decision to protect Ukrainians from being lured into consuming heating tobacco products.
For contact information: Olha Masna, media coordinator at NGO “Life”, 073 089 65 70, olha.masna@center-life.org