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The most recent judgement was brought by the anti-alcohol
lobby ANPAA against Moët Chandon for a publicity campaign it ran
in 2003 featuring a pink bottle on a black background and the words, La
Nuit est Rose (Night in Pink).
The ads were judged to have created an association between
drinking pink Champagne and leading a wonderful life as the words La Nuit
est Rose recall the title of popular song, La Vie en Rose (Life
in Pink), which the court said suggested having wonderful life.
Moet & Chandon has been fined €30,000. The
company spokesmen have said that they will not appeal.
Earlier this month the French court had ruled that Heineken
must remove all advertising from its French website within three weeks,
or face fines of €3,000 per day.
'This judgement says the internet is not authorised as
a publicity vehicle in France,' said Alain Rigaud of ANPAA, adding this
was a message to all producers of alcoholic drinks. ANPAA had charged
that certain visuals, games and animations on their French website exceeded
the limits of the Loi Evin, effectively paving the way for a ban on drinks
publicity on the web. The judge also advised the updating of the Loi Evin,
as it does not specifically mention the internet.
Any association between having a good time and drinking
is a problem in France under the strict 1991 alcohol and tobacco publicity
law known as the Loi Evin (Evin's Law). The law says only factual
information can appear on drinks publicity.
French President Nicolas Sarkozy who had been a state
guest and the special invitee for India's 58th Republic Day Celebratory
parade had announced last year during his campaign that he would give
more freedom to wine advertising in France should he be elected.
He had told a group of winegrowers in Sancerre that he
would allow advertising to show wine consumption as long as it was 'reasonable'.
'Wine is not just an economic activity, it's a French
tradition, a French identity, a French know-how,' he told the winemakers.
'We cannot ask you to be competitive when others have the right to use
advertising and you don't.' was his campaign slogan.
French producers want him to keep his word.
In its current form the Evin's law of 1991, the law prohibits
any inducement to buy or drink wine, any appearance of wine advertising
on television or in cinemas and strictly regulates advertising. Loi
Evin one of the strictest in Europe, is considered by French winemakers
to be a major factor in the decline of domestic wine sales.
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