Wine Law

ADVERTISING IN FRANCE: A FOOL’S GAME? 315 what needs to be objective is the communication related to the colours and the taste and olfactive quality of the wine 59 . This decision gave hope to alcohol advertisers by seemingly giving space to creativity on some authorised themes, such as the origin, denomination and composition of the product. However, the decision was then overruled by the High Court that held that the advertisement must be objective and informative for all authorised references to the product, and not only for references pertaining to the colour, and olfactive or taste characteristics of the product 60 . Consequently, that argument takes us back to the orthodoxy of law interpretation: only objective and informative message, with no hyperbolic messages. Arguably, the images of Heineken’s “ open your world ” campaign would also have been censored with this reasoning. 59 See, indeed, article L. 3323-4 of the Public Health Code. 60 Cass. civ. 1 re , 20 May 2020, no. 19-12.278.