Wine Law

ADVERTISING IN FRANCE: A FOOL’S GAME? 307 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 that it is lawful to evoke the craft world at the origin of the product and the care taken to its production. The judges also took into account the fact that the ad does not contain an evocative atmosphere that could encourage consumption by referring to conviviality or by exalting the qualities of the product or a feeling of happiness. Some interesting elements can be learned from another judiciary battle that ended up in favour of the advertiser for this campaign, which translates to “The Bordeaux, some personalities [or characters] to be discovered”. Although the High Court had decided that there were some references in this add that were not allowed by the Loi Evin, namely regarding conviviality that could encourage the wine consumption 41 , the Court of Versailles refused to follow the 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. 41 Cass. civ. 1 re , 23 February 2012, no. 10-17.887.