Introduction

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.

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The text is derived from the ELSA project which is completed in 2007, but will be updated soon.

More information on the French Loi Evin can be find in the paper written by In Johansen (2009).