Wine Law

12 3.1. Some Limitation of the Definition of “Advertising” An interesting decision related to the definition of advertising should be noted. It was considered that a TV show showing famous people having dinner parties and smoking, broadcasted late in the evening, was not to be considered as advertising as far as Loi Evin is concerned because the promotion of tobacco was neither the goal nor the effect of the broadcasting 44 . Although this decision was related to tobacco, it should also apply to alcohol as Loi Evin covers both alcohol and tobacco the same way for indirect advertising 45 . The scope of the definition of “advertising” should be limited to whether alcohol promotion is the goal or the effect of the publication. Thus famous people drinking in a social context is not necessarily enough to establish such effect. Consequently, for material with images or comments that are not aiming to promote alcohol, it seems that it is not enough that they might “remind” of alcohol, it should also be proven that they have the effect to promote directly or indirectly the product. Arguably, that decision could have an important impact on the scope of indirect advertising in editorial contents. 44 Cass. crim., 21 February 2017, no. 15-87688. 45 See article L.3512-5 of the Public Health Code.