Propaganda or advertising in favour of an organisation, service, activity, product or article other than tobacco, a tobacco product or an ingredient defined in article L. 3512-2 is considered to be indirect propaganda or advertising when, by its graphics, presentation, use of a brand, advertising emblem or other distinctive sign, it recalls tobacco, a tobacco product or an ingredient defined in article L. 3512-2.
However, these provisions do not apply to propaganda or advertising in favour of a product other than tobacco, a tobacco product or an ingredient defined in article L. 3512-2 which was placed on the market before 1 January 1990 by an undertaking which is legally and financially distinct from any undertaking which manufactures, imports or markets tobacco, a tobacco product or an ingredient defined in article L. 3512-2. The creation of a legal or financial link between these undertakings renders this derogation null and void.