Wine Law

306 WINE LAW Something similar happens in this advertisement: although no one is depicted, only two glasses of wine being showed, it was considered as too evocative of conviviality and seduction between human beings 35 . Moreover, the slogan – “ who dare saying that youth cannot rhyme with delicacy? ” – did not help either. Even if Cabernet d’Anjou is a wine that does not need to age – and so, one drinks it young –, which was the defence’s argument – the youth referred to the wine itself and not to the consumer –, the High Court censored the ad for not being a purely objective message on the characteristics of the product. 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 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 35 Cass. civ. 1 er , 22 May 2008, no. 07-14.984. 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.