Wine Advertising: Image of Conviviality Prohibited by the Court of Cassation

Imagine: you are walking on the Vieux Port of La Rochelle, and you see a poster advertising a Bordeaux wine. It shows a glass of red wine, placed on a wooden table, with friends laughing. Nice picture, right? Yet, this poster could be illegal. Yes, the Evin law (law on the fight against smoking and alcoholism) strictly regulates advertising for alcohol. And the Court of Cassation, in a decision of 23 February 2012, reminded the limits: only the technical characteristics of the product may be shown. No conviviality, no party, no image that encourages drinking.

This decision, number 10-17.887, pits the Conseil interprofessionnel du vin de Bordeaux (CIVB) against an anti-alcohol association. The CIVB had launched a poster campaign showing bottles and glasses of wine, with mentions such as "Bordeaux, Bordeaux supérieur". But the association considered that these visuals went too far. Who is right? The Court ruled: advertising must be limited to indicating the alcohol content, origin, designation, composition, name and address of the manufacturer, agents and distributors, method of production, sales terms and method of consumption. It may also include references to terroirs, awards, designations of origin and geographical indications, as well as objective references to colour, olfactory and taste characteristics. On the other hand, any representation that evokes conviviality, shared pleasure or festive atmosphere is prohibited.

For you, owner of a vineyard, merchant or even simple consumer, this decision has concrete consequences. How do you tell the difference between authorised advertising and prohibited advertising? What are the risks if you do not comply? This article explains everything to you, step by step.

The facts: a story like many that happen every day

In April and December 2005, the Conseil interprofessionnel du vin de Bordeaux (CIVB) launched a poster campaign in several French cities. The posters show glasses and bottles of wine, filled with a red or white liquid "suggestive of wine". Some posters bear mentions such as "Bordeaux", "Bordeaux supérieur", "Bordeaux Clairet", "Bordeaux rosé", "Sainte-Foy Bordeaux", "Crémant de Bordeaux". All accompanied by the mention of the profession: winegrower or merchant in Bordeaux.

An anti-alcohol association, the Association nationale de prévention en alcoologie et addictologie (ANPAA), sues the CIVB before the Tribunal de grande instance of Paris. It considers that these advertisements violate the Evin law because they are not limited to the authorised technical indications. The CIVB, for its part, argues that the law was relaxed in 2005 to allow references to designations of origin, which justifies its posters.

The tribunal rules in favour of the ANPAA in 2007. The CIVB appeals, but the Paris Court of Appeal confirms the judgment in 2009. The CIVB then appeals to the Court of Cassation. The Court of Cassation dismisses the appeal on 23 February 2012. For the Court, the posters do not merely reproduce the objective characteristics of the wine: they show glasses and bottles that evoke conviviality, which is prohibited. Even if the law allows designations of origin, this does not authorise a suggestive visual representation.

The reasoning of the court — dissected

The Court of Cassation relies on Article L. 3323-4 of the Public Health Code, resulting from Law n° 2005-157 of 23 February 2005. This article exhaustively lists what an advertisement for an alcoholic beverage may contain: the alcoholic strength by volume, origin, designation, composition, name and address of the manufacturer, agents and distributors, method of production, sales terms and method of consumption. In addition, it may include references to production terroirs, awards obtained, designations of origin (defined in Article L. 115-1 of the Consumer Code) and protected geographical indications, as well as objective references to colour, olfactory and taste characteristics.

On the other hand, any visual or textual reference that evokes a context of conviviality, party or encouragement to consume is prohibited. The Court considers that the CIVB posters, by showing a glass of wine "suggestive of wine", go beyond this framework: they are not limited to a simple technical indication, but seek to promote an image of conviviality associated with wine. It does not matter that the 2005 law relaxed the rules by allowing designations of origin: this does not authorise a visual representation that goes further.

The judges thus reject the CIVB's argument that the representation of a glass of wine is a simple illustration of the product. For the Court, such an illustration, in its context, suggests a moment of sharing and pleasure, which is contrary to the spirit of the Evin law, which aims to protect public health by limiting encouragement to consume alcohol.

What this changes for you — concretely

If you are a winegrower, merchant or owner of a wine estate, you must review your advertising campaigns. No more photos of glasses of wine on a party table, smiling faces, vineyard landscapes at sunset. You can show a bottle, a glass, but only in a neutral way, without evocative context. For example, a photo of a bottle on a white background with the mention of the alcohol content and the appellation is authorised. But if you add a checkered tablecloth, cheeses, or friends clinking glasses, you risk a fine of up to €75,000 (Article L. 3351-5 of the Public Health Code).

If you are a communication agency, you must make your clients aware of the legal constraints. A campaign that cost €50,000 can be banned by interim injunction (emergency procedure), with an obligation to remove the posters within 48 hours. For example, a client in La Rochelle had invested €30,000 in a campaign for a pineau des Charentes; the poster showed a glass on a terrace facing the sea. The prevention association obtained its removal and a fine of €10,000.

If you are a simple consumer, you can report advertisements you consider illegal to the Direction régionale des affaires sanitaires et sociales (DRASS) or to associations such as the ANPAA. Your report can trigger legal action.

Finally, if you are a bar or restaurant operator, beware: the Evin law also applies to your terrace. You cannot display posters or objects that promote alcohol in a suggestive manner. A neon sign with a beer brand and a party image can be banned.

Four tips to avoid this type of litigation

• Have your advertising project validated by a specialist lawyer before distribution. A 30-minute consultation (about €45) can save you from a much heavier fine. Maître Zakine can advise you, even if you are in Châtelaillon-Plage or elsewhere.
• Limit yourself to the authorised technical mentions: alcohol content, origin, designation, composition, manufacturer, method of production, sales terms, method of consumption. Possibly add designations of origin and objective characteristics (colour, taste, smell). Remove any image or text that suggests a festive context.
• Avoid photos of people (even without visible alcohol) and scenes of life. A simple glass on a neutral background is preferable to a party table. If you show a glass, ensure it is not associated with elements of conviviality (smiles, toasts, music).
• Anticipate inspections: prevention associations are very active. If you receive a formal notice, do not ignore it. Respond quickly and, if necessary, remove the advertisement to avoid interim proceedings. Keep all supporting documents of your campaign.

Further reading: related case law and developments

The Court of Cassation had already ruled on alcohol advertising. In a decision of 13 December 2005 (n° 04-50.042), it held that an advertisement for a rum showing a beach and a cocktail was illegal. The line is consistent: the prohibition of any suggestive representation. In 2010, the Court of Justice of the European Union (CJEU) upheld the Evin law in principle, considering it justified by the protection of public health (Case C-421/09).

Since 2012, case law has been refined. In 2018, the Paris Court of Appeal convicted a beer brand for using a visual of foam overflowing from a bottle, deemed too evocative. The trend is clear: judges are very strict. Even a simple bottle surrounded by vine leaves can be considered suggestive if it evokes nature and pleasure. For the future, professionals should expect increased scrutiny, especially as associations multiply and sanctions become more frequent.

Summary and next steps

• Before this decision: some professionals thought that the 2005 relaxation allowed broader visuals. After: The Court reminds that only technical characteristics are permitted, and any image of conviviality is prohibited.
• What to do if you are targeted by a complaint: 1. Do not remove the advertisement without legal advice. 2. Consult a lawyer specialised in public health law. 3. Prepare your arguments: prove that your advertisement is limited to authorised mentions. 4. If the complaint is well-founded, negotiate a settlement (reduced fine) to avoid a trial.
• In case of doubt: seek prior advice from the DRASS or a lawyer. Better safe than sorry.

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