Alcohol Advertising: Glass in Hand Permitted if Objective Context (Cass. 2015)

Imagine: you are a winegrower in Saint-Genis-Laval, near Lyon, and you are preparing an advertising campaign for your Beaujolais Nouveau. You photograph your team, glass in hand, smiling, in front of the vines. Then you receive a formal notice from the anti-alcohol association: this image would be unlawful because it encourages drinking. What should you do?

This question was faced by the Interprofessional Wine Council of Bordeaux in 2005. Its campaign showed members of the wine industry (winegrowers, brokers) holding a half-full glass. The National Association for the Prevention of Alcoholism challenged it. The case went up to the Court of Cassation, which ruled on 1 July 2015.

Verdict: the depiction of a glass in hand is legal if it is objective and relates to the human factors of the production or marketing of wine. Explanation of a decision that delights wine professionals… and amateurs.

The Facts: A Story That Happens Every Day

In April and December 2005, the Interprofessional Wine Council of Bordeaux (CIVB) launched an advertising campaign in the press. The visuals showed photographs of people — winegrowers, brokers, oenologists — holding a glass of wine. No scenes of excessive consumption, no direct encouragement: just men and women, proud of their profession, a half-full glass.

The National Association for the Prevention of Alcoholism (ANPA) brought the case before the Tribunal de Grande Instance of Paris. It argued that these advertisements violated Article L. 3323-4 of the Public Health Code, which requires advertising for alcoholic beverages to be objective and informative. According to the ANPA, showing someone drinking or about to drink is a prohibited "invitation to consume."

The CIVB defended itself: these images do not depict consumption, but the human factor — the producers and traders — which is permitted by Article L. 115-1 of the Consumer Code (on the quality of products linked to human origin).

First round: in 2006, the tribunal ruled in favour of the ANPA. The CIVB appealed. In 2009, the Paris Court of Appeal overturned the judgment: the photos were objective, without scenes of excessive drinking, and the individuals were identifiable as actors in the industry. The ANPA appealed to the Court of Cassation.

On 1 July 2015, the Court of Cassation dismissed the appeal. It upheld the reasoning of the Court of Appeal: the depiction of a half-full glass is not a prohibited "invitation to consume" provided the image remains objective and relates to the human factors of production or marketing.

The Court's Reasoning — Analysed

The Court of Cassation relied on two texts: Article L. 3323-4 of the Public Health Code (which limits alcohol advertising to objective information about the product: colour, smell, method of consumption, origin) and Article L. 115-1 of the Consumer Code (which defines the quality of a product based, among other things, on "human factors" — the know-how of the people who make it).

How to reconcile the two? The Court explained that advertising may show people if they are linked to the production or marketing chain (winegrowers, brokers, wine merchants). The glass in hand is not a decorative element: it symbolises the product itself, like the colour or the method of serving. The important thing is that the depiction remains objective: no scenes of binge drinking, no health claims, no encouragement of excessive consumption.

This decision is neither a reversal nor an evolution: it confirms settled case law since the 2000s (Cass. crim., 2004, No. 03-83.683; Cass. civ. 1ère, 2012, No. 11-19.904). The judges recalled that the Évin Law does not prohibit all depictions of an alcoholic beverage, but only messages that encourage consumption or associate alcohol with performance, social success, or seduction.

The ANPA argued that a glass in hand was inherently an invitation. The Court responded: no, if the context is that of a professional tasting or product presentation. It noted that the photographs contained no other figurative elements (young people, party, seduction) that would transform the image into an incitement.

What This Means for You — Practically

For winegrowers, brewers, spirit producers: you can now show your teams, glass in hand, in your advertisements. Caution: the image must be objective (no party scenes, no visibly drunk people) and the individuals must be clearly identifiable as actors in the industry (winegrowers in work clothes, wine merchants behind their counters).

For advertising agencies: a visual like this is valid, but ensure that the glass is not the only central element. The accompanying text must be informative (colour, aromas, origin) and not promotional (e.g., "the wine of champions").

For prevention associations: this decision does not prevent you from challenging abusive advertisements. It merely sets a limit: a simple photo of a producer with a glass is not unlawful. However, if the advertisement associates alcohol with sporting success, seduction, or celebration, it remains prohibited.

Concrete example: a client in Lyon, owner of a wine estate in Beaujolais, used a photo of himself, glass in hand, in front of his vines, for a trade fair poster. The ANPA threatened him with a lawsuit. I advised him to keep the campaign, relying on this decision. He was able to exhibit without any problem.

Four Tips to Avoid This Type of Dispute

• Clearly identify the people depicted: in the advertisement, mention their role (winegrower, cellar master, wine merchant). A simple model with no connection to production will be suspect.
• Limit the glass to a secondary accessory: the glass should be half-full, held neutrally, without a drinking gesture. Avoid glasses raised in a toast or celebration.
• Accompany the image with informative text: colour, grape variety, vintage, terroir. No slogans like "the pleasure of wine" or "Beaujolais party."
• Have your campaign validated by a specialised lawyer: before distribution, advice from an advertising law expert can save you from litigation. In Lyon, Maître Zakine regularly analyses this type of visual.

Further Exploration: Related Case Law and Developments

Two earlier decisions go in the same direction: Cass. crim., 2 June 2004, No. 03-83.683 (advertisement for whisky showing a bottle and a filled glass: no incitement if the image is static) and Cass. civ. 1ère, 4 July 2012, No. 11-19.904 (advertisement for champagne with a half-full flute: permitted because no character was drinking).

The trend in the courts is clear: they distinguish the depiction of the product (permitted if objective) from the incitement to consume (prohibited). The Évin Law is not dead, but its interpretation is becoming more flexible for professionals who highlight their know-how. Caution: this case law does not cover advertisements on the internet or television, which are more strictly regulated.

For the future, one can expect that judges will continue to permit images of professional tasting, while strengthening control over advertisements aimed at the general public that use festive or sexist codes.

Key Points to Remember

FAQ

• Can I use a photo of my team with a glass of wine to promote my estate? Yes, if the image is objective and the individuals are clearly identified as members of the industry (winegrowers, wine merchants).
• What should I do if I receive a formal notice from the ANPA? Consult a lawyer specialised in advertising law. You can rely on the judgment of 1 July 2015 if your advertisement meets the criteria.
• Is there a risk of conviction for incitement to consume? Yes, if your advertisement shows a party scene, young people, or associates alcohol with social success. But a simple photo of a producer with a half-full glass is now safe.
• What are the time limits for challenging an advertisement? Legal action must be brought within 5 years of publication (Article 2224 of the Civil Code).

Are you in a similar situation? A first 30-minute consultation with Maître Zakine (€45) can save you months of legal proceedings — and often much more. Book an appointment →