300 WINE LAW It is worth mentioning another decision of the Court of Appeal of Paris of 2017 that did not censor the advertisement61. In that case, although the colours were extremely vivid, it was considered that this Champagne ad by Vranken Pommery was not illegal as it depicted the Crayère de Pommery, which is the special underground place where the Champagne is traditionally elaborated. It was held that the image was linked to the elaboration means of the product and the terroir and that it is not forbidden to have it depicted in an artistic way. As mentioned in the Jameson case62, creativity might come from the artistic expression of this objective link with the product – whether photography, painting, comics or other. It leaves us with advertisements such as this one, which should be regarded as compliant since the content is simple and does not show people drinking or having fun. There is no seduction, no evocation of lightness or evasion, no bright colours (being in black and white), and there is a link with the origin of the product as the photo represents the labour force of the Glasgow distillery. Advertisers in France must perform with objective information, which has, arguably, a positive impact on the limitation of the penetration of the French market by foreign players but none – or very little – on the consumption rate. 61 CA Paris, 21 December 2017, no. 16/00155. 62 See note 39.
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