The Evin law, applied since 1991, helps to combat smoking and alcoholism. However, it is still possible to observe abuses on the part of brands that find tricks to get around it. Explanations with Alexandre Bigot – Joly, co-founder of Influxio Avocat, a firm specializing in digital communication and influencer marketing.
Since 1991, the Evin law has intervened by regulating or banning advertising around alcohol. Objective: to avoid any incitement of citizens to consume alcohol – and tobacco. More than 30 years after its entry into force, is the legislation properly respected by brands and content creators? Alexandre Bigot – Joly, lawyer and co-founder of the firm Influxio Avocat, sheds light on this law and the abuses still observed.
What are the main restrictions imposed by the Evin law on advertising for alcoholic beverages?
Alexandre Bigot – Joly : We are not really talking about restrictions: it is the term “authorized mentions” that is preferred. Indeed, only the possibilities, what is possible to do, are mentioned in a list established by law and it is therefore considered that all “the rest” is not accepted. Moreover, the Professional Advertising Regulatory Authority (ARPP) indicates that to be able to make publications related to alcohol on social networks, only two hypotheses should be possible: being an alcohol producer, like Moët Hennessy or Pernod Ricard, or being a professional in the sector, a sommelier or even a winemaker, in which case the information disseminated is considered reliable. In theory, it is therefore not possible for a lifestyle influencer to make publications around the theme of alcohol.
Alexandre Bigot – Joly recalls the authorized mentions :
– Alcohol content by volume
– Origin
– Name
– Product composition
– Name and address of the manufacturer, agents and dealers
– Method of preparation
– Terms of sale and mode of consumption
– Production areas
– Distinctions obtained
– Designations of origin or geographical indications
– Colors and olfactory and taste characteristics
Is having your own brand of alcohol enough to be designated as an alcohol manufacturer?
ABJ: Yes, and that is precisely why more and more public figures linked to social networks – whether in the world of urban culture, rap, influence or other – are creating their own brand of alcohol to be considered as alcoholics. We can cite for example the rapper Booba who created his brand of whisky “DUC Whisky”. As a result, they can therefore talk about it more freely.
What are the legal risks faced by brands that try to circumvent the Evin law?
ABJ: There is an association that is very vigilant about compliance with the Evin law: Addiction France. This association scrutinizes social networks and all the statements made by brands so that they are sanctioned if the law is not respected. Concerning the risks, there may be the obligation to remove content, the pronouncement of fines by the courts or damages in the name and on behalf of the Addiction France association.
What precautions should alcohol brands take when filing new trademarks to avoid conflicts with the Evin law?
ABJ: Alcohol brands must be careful to respect the legal terms. There are alcohol producers, particularly French ones, who are known for sometimes going a little further than what is strictly authorized. We have in mind certain brands that associate their alcohol with a sporting event or to cite one brand, Ricard, which, in the vast majority of cases, associates alcohol with pétanque and the southern region of France. In this case, we could say that there is a small incentive aspect, even if pastis is also part of a cultural and regional heritage.
Is there any vagueness in the Evin legislation on social networks?
ABJ: In my opinion, if there is a blur it is perhaps in people’s understanding of it, because the law and the texts are very clear between what is possible to do and what is not. If we really find out, we can know. Some can also pretend to ignore the legislation by saying to themselves “let’s keep our fingers crossed that it will pass”.
Some brands would do disguised advertising?
ABJ: One of the levers of disguised advertising that can be observed concerns capsule creations with influencers, a bit like what is done with cosmetics. To give an example, the rosé wine brand Côte des Roses called on the content creator Anna RVR for a capsule collection. The rosé tasting kit included a crocheted beach bag, a personalized fouta for the Anna RVR x Côte Des Roses collaboration, two engraved glasses and a customized bottle of rosé, for the price of €50. The brand was rapped on the knuckles, because as the press release from the Association Addictions France on the subject recalls, the influencer’s content multiplied the violations of the Evin law by mixing glamour, hedonism and escape. The packaging and names also called upon the lexicon of sensuality. In addition, this same content made Anna Rvr’s followers want to drink alcohol, a very young audience. Another lever for disguised advertising could be that alcohol brands start branding on clothing or goodies like the RATP for example. Aren’t goodies bearing the image of an alcohol brand also considered a form of advertising after all?
Is it possible to have more control over content on social networks?
ABJ: There is such a profusion of content on social networks that the State and the justice system do not have the means to monitor everything instantly. Ultimately, it is up to associations today to be the guarantors and to monitor everything that is happening.
To take a concrete example, Océane Amsler, a content creator, caught our attention because she recently launched her brand of sparkling wine in cans: Maison Bagarre. A video was posted – as a campaign – on the brand’s Instagram account to announce the launch. Can you tell us if the campaign complies with the Evin law? And why?
ABJ: It is true that the video is quite unusual, it is highly scripted. I would not say that the content is necessarily inciting, but on the authorized elements of the list, we do not find the informative side, such as the alcohol content or the grape varieties. From what I observe, for the moment, the objective is to surf on a novelty – that of switching from glass bottles to cans – to sell alcohol. I am not saying that this will be sanctioned, but in my opinion, this content should be more informative and I think that it will be the subject of a return from France Addiction.
How can alcohol brands communicate effectively while respecting the constraints of the Evin law?
ABJ: For me it is more of a creative and advertising job. To communicate effectively, we know the framework to respect and the limits set. Then, we have to have the communication work validated by our legal department, that’s the best thing.
Source: www.e-marketing.fr
