Wine Law

3 Although it is a criminal law, its scope is blurry and wide and the definition of what is permitted or not is left to the subjective assessment of the judges – who often disagree. 2. The State of Loi Evin 2.1. The Large Scope of the Law 2.1.1. The extreme definition of “advertising” Loi Evin has an extremely broad scope, encompassing indirect advertising and making a wide interpretation of the definition of advertising, as will be demonstrated by the case law below. The Law also strictly defines both the media and the contents authorised, and advertising, in its largest accession, is regulated, while sponsorship is forbidden. In the case Le Parisien , following the daily newspaper’s publication of the article “Le triomphe du Champagne”, about the success of Champagne on the export market, the ANPAA (Association Nationale de Prévention en Alcoologie et Addictologie) – a very active French association for the fight against alcohol – sued the newspaper, claiming that the article was a form of advertising, to which the newspaper retorted that it was only an editorial article. The County Court of Paris judged that it was indeed advertising, even though no particular trademark was promoted and there had been no purchase of the alleged advertising space (TGI Paris, 20 December 2007) 11 . The Court applied article L.3323-3 of the Public Health Code, which prohibits indirect advertising defined as any act in favour of an organism, service, activity, product or article other than an alcoholic beverage that might remind an alcoholic drink by its graphics, presentation, denomination, trademark, emblem or other distinctive sign. 11 TGI (High Court) Paris, 20 December 2007, no. 06/05406; and, before, Les Echos, TGI Paris, 26 June 2007, no. 06/00193.