Wine Law

10 For the Appeal Court of Paris, the slogan “ la nuit est rose ” (“the night is pink”) suggested the association between Champagne consumption and seeing life in pink (being happy) 36 . Once again, this message was considered as illegal as not purely objective on the characteristics of the products. This advertising was also was forbidden for it could give the impression that there is a link between alcohol and lightness, happiness and evasion 37 . This Ricard advertisement was also forbidden 38 due to its slogan, which translates to “One Ricard, several meetings”. The company argued that what they meant was not human meetings – which would be a prohibited reference to conviviality – but a reference to the fact that when the water meets the Ricard, the mixture is different each time. However, the judges, not appreciative of double meanings, did not buy it and considered that it was an incentive to drinking to have convivial moments. Furthermore, the hashtag was considered as triggering young people and the yellow clouds as suggestive of lightness and evasion. Nevertheless, not every case law is negative. There has been a long judiciary battle concerning this Jameson campaign based on Blake and Mortimer comic style. The High Court had censored it twice 39 when finally came to the conclusion, in 2012 40 , that it is not forbidden to use an attractive billboard with a part of fiction. It held that it is not forbidden in itself to use a comic, which is not necessarily a way to try and seduce the young people. It also considered 36 CA Paris, 16 January 2008, no. 06/09503. 37 CA Paris, 27 May 2016, no. 15/01364. 38 Cass. civ. 1 e , 3 July 2013, no. 12-22633 and CA Paris, 23 May 2012. 39 Cass. crim., 19 December 2006, no. 05-87.268, and 26 January 2010, no. 08-88134. 40 Cass. crim., 15 May 2012, no. 11-83.686.