The Dutch advertising standards watchdog RCC has reprimanded tobacco behemoth Philip Morris for an AI-powered ad campaign that it says violated the country’s tobacco advertising ban.
As the EU prepares its biggest tobacco tightening rules in 15 years, the public was invited to share its views via comments.
But a recent investigation by broadcaster NOS and the journalism platform Pointer found that Philip Morris used AI to generate hundreds of fake “citizen” responses opposing tougher EU rules on vapes, which along with other cigarette alternatives like e-cigarettes and heated tobacco, now account for 40% of the company’s revenue.
Here’s how the campaign worked: Philip Morris put up yellow posters carrying QR codes in tobacco shops under the slogan “Your Voice Your Choice.” Scanning the code led to a tool that asked multiple-choice questions and then an option to write a first-person text, which users could then send to the Commission.
The investigation found that some 71% of responses from the Netherlands were written by AI, the second highest after Portugal.
The RCC had several problems with the campaign, including that the text generator was paid for and owned by Philip Morris. The company defended its actions by saying it contributed to the public debate.
“The fact that the statements are framed as a call for public consultation does not detract from their commercial character,” said the watchdog.
The written responses also portray alternative tobacco products positively, which the RCC says constitutes advertising and therefore violates the tobacco advertising ban.
Doctors
In June, a group of doctors and healthcare campaign groups made a formal complaint to the RCC, saying the “misleading” campaign used an AI tool to influence European decision-making on tobacco and nicotine products.
Lawyer Laura van Gijn, who represents the doctors, told NOS that violating the tobacco advertising ban is a criminal offence. “This decision is a clear signal to the tobacco industry that digital influence campaigns do not fall outside the scope of the advertising ban, even when packaged as citizen participation. This precedent is relevant for similar campaigns elsewhere in Europe.”
