Can advertising for an alcoholic drink feature a person, a dinner, a landscape or, more broadly, a brand universe?
The framework for permitted advertising
The answer does not depend solely on whether the image includes a bottle or a glass.
Article L. 3323-4 of the French Public Health Code limits permitted advertising content to specified product characteristics: origin, name, composition, production methods, sale or consumption arrangements, terroir, awards and certain objective characteristics, including taste and smell.
The presence of a person is therefore not prohibited in itself.
In a judgment of 1 July 2015, the French Court of Cassation allowed images of people holding a glass of wine where they were portrayed as members of the wine industry and directly connected to the product’s origin and production.
Assessing the content of the message
Conversely, imagery carries greater risk where it no longer presents the product but associates it with a separate imaginary world: seduction, social success, performance, celebration or human behaviour insufficiently connected with permitted content. The French Court of Cassation notably condemned advertising based on “manipulating emotions” in a judgment of 22 May 2008.
The entire campaign must therefore be assessed: wording, imagery, people, setting, consumption context and overall impression.
The same care is required on social media. The French Act of 9 June 2023 on commercial influencing expressly makes Articles L. 3323-2 to L. 3323-4 of the French Public Health Code applicable to influencers.
An advertising campaign cannot therefore be secured through an abstract rule alone.
The real question is whether every element of the image still describes the product, or has begun to sell something beyond the product itself.
If your matter concerns the compliance of a commercial communication concerning alcoholic beverages, contact the firm, which will get back to you to discuss your situation.