"Emily in Paris" alcoholic drink: the Paris Court says no!

The strict regulation of advertising for alcoholic beverages remains a major concern.

The interim decision rendered by the Paris Judicial Court on December 18, 2024, in the case opposing the National Association for the Prevention of Alcoholism and Addictology (ANPAA) against Carrefour France and Carrefour Drive companies, perfectly illustrates the rigor with which French courts apply the provisions of Law No. 91-32 of January 10, 1991, known as the Evin Law.

I. The legal and factual context of the case.

A. The restrictive legal framework for advertising alcoholic beverages.

Article L3323-4 of the Public Health Code, stemming from the Evin Law, establishes a fundamental principle: advertising for alcoholic beverages is strictly limited to certain exhaustively enumerated mentions.

These authorized mentions include:

- The volumetric alcoholic strength - The origin of the product - The denomination and composition - The name and address of the manufacturer, agents, and distributors - The manufacturing process

The sales methods - The consumption method.

The text also authorizes references relating to production regions, awards obtained, and appellations of origin. It also allows objective references concerning the color and the olfactory and gustatory characteristics of the product.

This regulation applies to all advertising media, including the product packaging itself. Case law has regularly reaffirmed that this list is restrictive and subject to strict interpretation.

B. The facts of the case.

In the specific case \\ [1\")\\] an alcoholic beverage had been offered for sale on a website \\ [2\\].

This beverage, a sparkling wine and blackcurrant cocktail, was characterized by the use of the mention " _Emily in Paris_" on its packaging and in its communication, referring to a popular television series broadcast on Netflix.

On October 30, 2024, a bailiff's report noted that the product was marketed in two formats (20 cl bottle and 25 cl can) both bearing the mention " _Emily in Paris_" centrally on their packaging. The marketing was accompanied by a presence on social networks, particularly Instagram and Facebook, with publications linking to the Carrefour sales website.

II. The legal analysis of the decision.

The court reiterates that advertising for alcoholic beverages must be limited to informative and objective elements. This objectivity requirement is comprehensive and is not limited solely to references relating to the color and organoleptic characteristics of the product.

The judge notes that the mention " _Emily in Paris_" present on the packaging:

- Does not correspond to any of the mentions restrictively authorized by article L3323-4 of the Public Health Code - Has the sole purpose of encouraging the consumer to purchase the product by referring to a popular television program - Is used centrally and particularly visibly on the product.

This use is all the more characterized as the product description on the sales website explicitly assumes the link with the series, stating that the beverage was " _developed with the creators of the series in sophisticated packaging that perfectly captures the chic and dynamic spirit of Emily in Paris_ ".

B. Measures ordered to stop the disturbance.

The President of the court in interim proceedings orders:

- The removal of all representations of alcoholic beverages containing the mention "Emily in Paris" on the Carrefour brand's website - The prohibition for Carrefour Drive from offering these products for sale.

These measures are accompanied by a penalty payment of 1,000 euros per day and per observed infringement, for a maximum duration of three months.

III. Practical and theoretical implications of the decision.

A. Confirmation of a strict interpretation.

This decision is in line with the jurisprudence of the Court of Cassation, particularly its judgment of May 20, 2020 \\ [3\\]], by confirming that any advertising reference not strictly corresponding to the authorized mentions is prohibited.

The judgment demonstrates the ability of the legal framework to adapt to new marketing strategies, particularly those based on collaborations with the entertainment industry and using social networks as communication vectors.

B. Consequences for economic actors.

The decision clearly establishes the responsibility of online distribution platforms in controlling alcohol advertising.

By condemning Carrefour for simply offering these products for sale, the court confirms that the mere dissemination of illicit advertising content engages the distributor's liability.

This decision should encourage professionals in the sector to:

- Review their co-branding strategies with the entertainment industry - Strengthen their procedures for controlling advertising media - Adapt their digital communication to the requirements of the Evin Law.

Conclusion.

This decision demonstrates the permanence and effectiveness of the system put in place by the Evin Law, even in the face of new forms of digital marketing. It confirms that the regulation of alcohol advertising remains a public health priority that courts rigorously enforce.

This decision also recalls that the protection of public health takes precedence over commercial interests and innovative marketing strategies.

It calls on professionals in the sector to exercise increased vigilance in their advertising communications, particularly in the digital environment where the boundaries between commercial information and entertainment tend to blur.