Advertising in France: A Fool’s Game? Charlotte de Reynal 1 Abstract; 1. Introduction; 2. The State of Loi Evin; 2.1. The Large Scope of the Law; 2.1.1. The extreme definition of “advertising”; 2.1.2. The impact on trademarks; 2.1.3. Exclusion of collective communication; 2.1.4. The total prohibition of sponsorship; 2.2. The Strict Definition of the Media Allowed; 2.3. The Strict Definition of the Contents Allowed; 2.3.1. Examples; 3. The State of Case Law; 3.1. Some Limitation of the Definition of “Advertising”; 3.2. Towards a Middle Path Regarding Sponsorship?; 3.3. The Restriction of the Media Allowed; 3.3.1. The packaging is regarded as a regulated medium; 3.3.2. Covering foils for renovated buildings is not a medium allowed; 3.4. Some Disappointed Hope for the Contents Allowed. ABSTRACT The French regulation in the wine industry is amongst the most fastidious. This is certainly also true for advertising. The advertising agencies’ creativity to comply with the law is rarely rewarded. Therefore, one can wonder if advertising wine in France is not a fool’s game. However, analysing the case law will help define guidelines. 1. INTRODUCTION Alcohol is perceived as a public health concern as, according to a 2018 World Health Organization Report, it causes some 3 million deaths per year around the world2, being thus regarded as the fourth most addictive product after tobacco, heroin and cocaine. Young people are of particular concern, as about 14% of the deaths in 20-39-year-old people is related to alcohol. 1 Avocat à la Cour; lawyer and founding partner of Cabinet Reynal-Perret. 2 Global Status Report WHO 2018, https://www.who.int/health-topics/alcohol#tab=tab_1.
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