Wine Law

308 WINE LAW High Court. It considered that the ad was a representation of vignerons that had to be allowed by the law for being a reference to the human factors, which is a component of the terroir and also a central notion of geographical indication. This case is a perfect example of the technical function of the notion of “terroir” in the appreciation of the lawfulness of the content 42 . Finally, holding a glass was not considered a sufficient reference to conviviality because the people in the picture do not look like they are particularly enjoying themselves or having fun. It was also taken into account the fact that holding a glass of wine is only a way to consume the product, which is admitted by law. The High Court ended up by following its reasoning 43 . This decision was a big step forward because it means that campaigns could start depicting people holding glasses of wine without it being per se an encouragement to drink. 3. THE STATE OF CASE LAW Having a close look at the case law’s tendency helps to define possible guidelines to advertisement in this blur judiciary landscape. While we can glimpse some easement in the definition of advertising and sponsorship, the control over the media and contents allowed seems as strict as ever. 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 42 R. Raffray, “Terroir et publicité pour le vin”, Vin, Droit et Santé , 2017, Les Etudes Hospitalières, pp. 61 et seq . 43 CA Versailles, 3 April 2014 and Cass. civ. 1 re , 1 July 2015, no. 14-17.368. 44 Cass. crim., 21 February 2017, no. 15-87688. 45 See article L.3512-5 of the Public Health Code.