In France four different regulations exist that refer to alcohol advertising and marketing. The "Code de la Santé Publique", which is a statutory code and the non statutory codes named « Code 'autodiscipline et de déontologie en matière de communication commerciale », the « Code d'éthique des Brasseurs » and the "Code de bonne conduite pour la retransmission télévisée d'événements sportifs » regarding sport events. When it became clear in 1994 that the industry was using sport events broadcasted from abroad to promote alcoholic beverages exclusively for sale in France, a code was written by both the Ministry of Youth and Sport and the « Conseil Supérieur de l'Audiovisuel » after consultation of the broadcasters. In fact advertising at sport facilities is not forbidden but broadcasting is banned. In July 2004 a judgement of the EC of Justice in Luxembourg on the Commission and Bacardi case against the French Alcohol advertising ban (Loi Evin) states that "such a ban constitutes a restriction on the freedom to provide services, but is justified by the aim of protecting public". The Court states that the French television advertising rules seek to protect public health and that they are appropriate to ensure that that objective is achieved". So the TWF Directive is not applicable.The Code of Public Health is statutory and includes the Loi EVIN. Since January 2005 producers are allowed to communicate on references relating to quality characteristics but these must be "objective" (this was added by ANPAA in order to avoid positive representations like feasts, sport, youth, femininity, virility, etc.). Advertising can also include references relating to the labels of origin or to geographical indications. These were before limited to some spirits by a European Regulation (1989) and will now apply to all alcoholic beverages, not only wine. The changes have not significantly weakened the Loi Evin and do not affect the comprehensiveness and basic premises of the law. Lifestyle advertising will remain illegal, only description of taste, smell, vintage and the qualities related to origins will be allowed. Recently a law was accepted which rules that a health warning shall be replaced on every label pointing to the risk of alcohol consumption during pregnancy. The decree has expected after consultation of the EC authorities at the latest in 2006. A proposal made by pro wine Members of the Parliament and approved by the government, was voted in October 2005 in the French parliament creating a "Conseil de modération et de prévention": Council on Moderation and Prevention. This council was created by a decree signed by the minister of agriculture in order to calm down wine producers after their lobby protested against the Loi Evin resisted to their lobby, claiming that "public health campaigns are discriminatory towards wine". It will include members of the parliament, ministers and public authorities, health and road safety NGO's and alcohol producers. The council will be consulted on matters relating to alcohol policy and prevention campaigns. ANPAA and the main health partners did not agree to be a member of this council controlled by the wine industry. The journal Le Monde claims that this puts the wine lobby in a position to control alcohol prevention campaigns and legislative initiatives. The following acts implement the AVMSD: ION 2009-258 of 5 March 2009 on audiovisual communication and the new public service television and Decree No. 2008-1392 of 19 December 2008 amending the arrangements for television advertising, the television sponsorship and teleshopping However, the French law on alcohol advertising was already stricter than the Directive, therefore these acts are of limited importance.
|Table 1||Statutory Alcohol marketing regulations in France||Coverage|
|LOI n° 2005 -102 du 11 février 2005 pour l'égalité des droits et des chances, la participation et la citoyenneté des personnes handicapées||Labelling/pregnancy|
|LOI HOPITAL PATIENT SANTE TERRITOIRE Titre III Prévention et Santé Publique. n°2009-879. Art. 93-94-96-97(V)||Internet/digital media, promotional items and free offer/open bars and sale in petrol station; happy hours; internet; sale to minors. Authorized advertising media: grown-up Print media, radio (time bans), posters, commercial brochures, indications on delivery vehicles, holidays and traditional fairs, [NEW: on-line with the exception of those intended for the youth or published by the sports organizations (and under reserve that the advertising is neither intrusive or interstitial] (Article 97).|
|Decree of 2 October 2006 concerning the registration details of the message to sanitary character advocating the absence of alcohol consumption by pregnant women on the unit packaging of alcoholic beverages||Decree on health warning for pregnant women which is mandatory on every alcohol content|
|Loi Evin||TV, radio, cinema, sponsoring, internet/digital media, outdoor, print, promotional items|
|CODE DE SANTE PUBLIQUE (Public Health Code)||The rules that are introduced by above mentioned legislations are now in the Public health code, articles L. 3323-2 and following|
|Table 4 Self-regulations on Alcohol marketing in France||Coverage|
|Code Ethique des Brasseurs (Brewers Code of Pratice)||Marketing and advertising of alcoholic and non-alcoholic beverages. (ban on tv
and cinema advertising)
|Code d’autodiscipline et de déontologie en matière de communication et de|
commercialisation des boissons alcoolisées (Self Regulation Code on Communication and Sale of Alcoholic Beverages)
|Advertising and marketing (ban on tv and cinema advertising)|
|The authority for professionnal regulation of advertising (ARPP)||Its rules on alcohol advertising complete the mandatory ones with further requirements, details and exemples. Those rules are not binding but the ARPP can declare an advertising not compatible with its requirements (the Public health code) and ask for its modification or removal.|
The following document contains an in depth overview of alcohol marketing regulations in France: alcohol-marketing-regulations-France.pdf For even more (but older) information on alcohol marketing regulations in France, please take a look at France's appendix to the 2007 ELSA (Enforcement of national Laws and Self-regulation on advertising and marketing of Alcohol) report.