I.-A fine of 100,000 euros shall be imposed on :
1° Any direct or indirect propaganda or advertising of tobacco, a tobacco product or the ingredients defined in article L. 3512-1 in breach of the ban laid down in article L. 3512-4 ;
2° Broadcasting a motor sport competition containing direct or indirect tobacco advertising and taking place in a country where tobacco advertising is prohibited, as well as broadcasting, by means other than a television channel, a motor sport competition containing direct or indirect tobacco advertising and taking place in a country where tobacco advertising is authorised, in disregard of the provisions of Article L. 3512-6 ;
3° Disregarding the provisions of Article L. 3512-14;
4° Selling, distributing or offering free of charge cigarettes whose tar, nicotine and carbon monoxide yields exceed the maximum yields set under the terms of I of article L. 3512-15;
5° Selling, distributing or offering free of charge cigarettes or roll-your-own tobacco:
a) flavoured with a clearly identifiable odour or taste before or during consumption, other than those of tobacco ;
b) The filters, paper, capsules, packaging or any other component of which contain tobacco, nicotine or flavourings;
c) Containing any technical device for modifying the odour or taste of tobacco products or their burning intensity;
d) Containing vitamins or other additives implying that a tobacco product has health benefits or that its health risks have been reduced;
e) Containing caffeine, taurine or other additives and stimulants associated with energy and vitality;
f) Containing additives that impart colouring properties to smoke emissions;
g) Containing additives which facilitate the inhalation or absorption of nicotine;
h) Containing additives which, without combustion, have carcinogenic, mutagenic or toxic properties for human reproduction;
i) Containing additives in quantities which, when consumed, significantly or measurably increase their toxic or addictive effects;
6° Selling, distributing or offering free of charge paper and filters :
a) Containing tobacco, nicotine or flavourings ;
b) Containing any technical device for modifying their odour or taste or the intensity of cigarette combustion;
7° Selling, distributing or offering cigarettes, roll-your-own tobacco, cigarette paper and cigarette-rolling paper free of charge in disregard of the provisions of article L. 3512-20 requiring neutrality and uniformity of packaging units, outer packaging and overwrapping;
8° Using a message, symbol, brand name, trade name, figurative sign or any other element or device on the labelling of unit packets, on any outer packaging, or on tobacco products themselves, that :
a) Contributes to the promotion of a tobacco product ;
b) Resembles a food or cosmetic product;
9° Using a brand or name on the labelling of packaging units, on any external packaging, or on tobacco products themselves, in breach of the provisions of Article L. 3512-21 of the Public Health Code;
10° Selling, distributing or offering free of charge tobacco products or cigarette rolling papers in packaging units or on outer packaging in breach of the health warning requirements laid down in article L. 3512-22 ;
11° Any direct or indirect propaganda or advertising in favour of vaping products in disregard of the prohibition laid down in article L. 3513-4;
12° Selling, distributing or offering free of charge disposable electronic vaping devices, refill bottles or single-use cartridges containing nicotine that include the following additives:
a) Additives that create the impression that the product has health benefits or that its health risks have been reduced;
b) Additives and stimulants associated with energy and vitality;
c) Additives that impart colouring properties to emissions;
d) Additives that facilitate the inhalation or absorption of nicotine;
e) Additives which, without combustion, have carcinogenic, mutagenic or toxic properties for human reproduction;
13° Selling, distributing or offering free of charge vaping products whose nicotine content exceeds the maximum levels set in the second paragraph of article L. 3513-8 ;
14° Selling, distributing or offering free of charge vaping products containing nicotine without a safety device or with a safety device that does not comply with the provisions of Article L. 3513-9;
15° Selling, distributing or offering free of charge a disposable electronic vaping device whose reservoir exceeds the maximum volume set under the terms of article L. 3513-15 ;
16° Selling, distributing or offering free of charge single-use cartridges whose reservoir exceeds the maximum volume set under the terms of Article L. 3513-15;
17° Selling, distributing or offering free of charge a refill bottle containing nicotine whose maximum volume does not comply with the provisions of article L. 3513-15;
18° Selling, distributing or offering free of charge a nicotine-containing vaping product whose unit packet or outer packaging does not mention one or more of the following elements:
a) The full composition of the liquid containing nicotine ;
b) The average nicotine content and the quantity dispensed per dose;
c) The batch number;
d) A recommendation that the product should be kept out of the reach of children;
e) A health warning affixed twice;
19° Selling, distributing or offering free of charge a vaping product containing nicotine if the unit pack does not include the leaflet, in breach of the provisions of article L. 3513-17 ;
20° Using a message, symbol, trademark, trade name, figurative sign or any other element or device on unit packets or on any outer packaging of vaping products containing nicotine that :
a) Contributes to the promotion of vaping products or encourages their consumption by giving an erroneous impression as to the characteristics, health effects, risks or emissions of the product ;
b) Suggests that the product is less harmful than others or is intended to reduce the effect of certain harmful components of smoke or has vitalising, energising, curative, rejuvenating, natural or organic properties or has beneficial effects on health or lifestyle;
c) Resembles a food or cosmetic product;
d) Suggests that the product is more readily biodegradable or has other environmental benefits;
e) Suggests an economic advantage by means of printed coupons, discount offers, free distribution, “two for the price of one” promotions or other similar offers;
21° Using a message, symbol, trademark, trade name, figurative sign or any other element or device on unit packets or on any outer packaging of herbal smoking products other than tobacco that :
a) Contributes to the promotion of the product or encourages its consumption by giving an erroneous impression as to the characteristics, health effects, risks or emissions of the product; labels do not include any information on the nicotine, tar or carbon monoxide content of the product;
b) Suggests that a product is less harmful than others, or is intended to reduce the effect of certain harmful components of smoke, or has vitalizing, energizing, healing, rejuvenating, natural or organic properties, or has beneficial effects on health or lifestyle;
c) Indicates that the product is free from additives or flavourings;
d) Resembles a food or cosmetic product;
22° Selling, distributing or offering free of charge a plant-based smoking product other than tobacco whose unit packaging and outer packaging do not comply with the provisions of article L. 3514-4 on health warnings.
II – For the criminal offences referred to in I, the additional penalty of confiscation of the thing that was used or intended to be used to commit the offence or of the thing that is the product of the offence is incurred, in application of article 131-21 of the Criminal Code.
III – A repeat offence is punishable by a fine of €200,000. In the event of a repeat offence, the court may also order a ban on the sale of the products involved in the illegal transaction for a period of up to five years.
Where appropriate, the court will order the removal, removal or confiscation of the prohibited advertising at the offenders’ expense.
The cessation of advertising may be ordered either at the request of the public prosecutor or ex officio by the investigating judge or the court hearing the case. The measure thus taken is enforceable notwithstanding any means of appeal. It may be lifted by the court that ordered it or that is seized of the case. The measure ceases to have effect in the event of a decision to dismiss or acquit.
Decisions on applications for release may be appealed to the investigating chamber or to the court of appeal, depending on whether they were handed down by an investigating judge or by the court hearing the case.
The Investigating Chamber or the Court of Appeal shall rule within ten days of receipt of the documents.