"He [my brother] was coming back from Luxembourg. Without saying a word, he put a big box of rolling tobacco on the table," the buyer's sister told newspaper Le Republicain Lorrain.
"We were stunned. We did not believe it."
But the family identified give-away scars and grew certain the picture was of the 60-year-old.
His lawyer Antoine Fittante remains adamant it is his client's leg and is contacting the European Commission to find out what happened.
He said: "Each scar is specific, unique. This man also has burn marks on the other leg, it's very clear. An expert will have no trouble identifying the image.
"It's rather incredible that a person finds themselves without their agreement on cigarette packets throughout the European Union."
Fittante added that his client feels betrayed and his dignity is wounded.
The pictures on the packet of EU cigarette packets are usually distributed by the European Commission and are taken from an approved database, where people featuring in the images have given their consent.