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Alcohol advertising regulation in France : “la Loi Evin” Philippe de Bruyn Ministère de la Santé et des Sports 21st of June 2010 Loi Evin Claude Evin: minister of health, 1988-1991 Loi Evin (Evin Law) : 10th January 1991 The principles Loi Evin and alcohol advertising Advertising for alcohol is allowed The Loi Evin introduced a partial ban 3 rules regarding alcohol advertising 2 restrictions : – In terms of media – In terms of content 1 obligation : – Display of a health warning Media Principle : protect youth and public health Alcohol advertising is prohibited : – on television, – on radio between 5pm and midnight and on Wednesdays, – in printed media targeted at kids and teenagers. Alcohol advertising is allowed otherwise : – in other printed media, on radio between midnight and 5pm, leaflets, posters, billboards, – fairs, delivery trucks, merchandising, – since 2009, on the Internet, except on websites targeting youth or related to sports. Content • Restricted to “information” : about the product, not a narrative about its consumption or a fiction. “Information” is understood extensively by the current legislation : references to colours, taste, smell of the product as well as references to its geographical or traditional origins are allowed. One obligation : a health warning “l’abus d’alcool est dangereux pour la santé” (too much alcohol is dangerous for your health) compulsory on all alcoholic beverage advertising Broader context Advertising and youth An established link between advertising and teenage consumption of alcohol products : trial, experimentation, binge drinking. “There is growing evidence that alcohol advertising increases the likelihood that young people start to drink, and that the overall amount that they drink and the amount that they drink on one occasion is greater”. (Third alcohol policy conference Barcelona, 2008) See also : Baumberg and Anderson report to the European Commission, alcohol in Europe : a public health perspective, 2006 ; Second report from the WHO experts committee, problems related to alcohol consumption, 2007. Constitutional principles Two constitutional principles : • Freedom of expression • Protection of health European convention for human rights (art. 10): “The exercise of freedom of expression may be subject to restrictions (…) for the protection of health” Conseil Constitutionnel (1991) European Court of Justice (2004) Loi Evin “necessary and justified by health protection purposes”.
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