Alcohol advertising regulation in France “la Loi Evin” by chenmeixiu


									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

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.

• 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

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