FRANCE Law and Practice Contributed by: Marianne Le Moullec, Gaëlle Robic and Joséphine Perrin, Orasis Avocats
9.2 Metaverse There are no specific regulations governing advertis - ing within the metaverse under French law.
gin, composition, production methods) and should not associate alcohol with social success, relaxation or festive occasions. All advertising of alcoholic bever - ages must be accompanied by a health warning. Drugs Advertising is allowed only for non-prescription drugs that are not reimbursed by social security, provided that the drug’s marketing authorisation does not pro - hibit advertising. It must not be misleading and shall not undermine public health. It should not compare one drug with another, be directed at children, men - tion that it is natural, that it may replace surgery, etc. The advertisement should include the drug name, information about its usages, an invitation to read the notice, and an invitation to consult a doctor if needed. Any such advertising must be validated by the Nation - al Agency for Medicines and Health Products Safety ( Agence nationale de sécurité du médicament et des produits de santé ). Food French law requires that all advertisements for bever - ages with added sugar, salt or artificial sweeteners, or manufactured food products, include an health warn - ing, inviting consumer to eat five fruits and vegetables per day or exercise on a regular basis. Food advertising is regulated in large part by Europe - an law, and in particular EU Regulation No 1169/2011 on the provision of food information (INCO regulation) and EU Regulation No 1924/2006 on nutrition and Directive No 2018/1808 modified the initial directive No 2010/13 on product placement to extend the pos - sibility to carry out product placement. Product place - ment is now allowed in all audiovisual programmes, with the following exceptions: • news and current affairs programmes; • consumer affairs programmes; • religious programmes; and • children’s programmes. Product placement is not allowed for alcohol, tobac - co, medicines, guns or artificial milk for infants. health claims made on foods. 10.2 Product Placement
10. Product Compliance 10.1 Regulated Products Tobacco/Vaping Products
Advertising tobacco products has been prohibited in France since 1993. This includes the sponsorship of events as well as any “indirect” advertisement such as “goodies” (lighter, ashtray, tee-shirt, etc). Cigarette packs must have a health warning and use a uniform and neutral packaging. The rules are set out in the Public Health Code. Any advertisement for vaping products is prohibited as well. A company advertising vaping products on social media was recently ordered to stop by the courts following an action by an association against the use of tobacco. Cannabis Cannabis is an illicit drug under French law, and using such an illicit drug is a criminal offence (Article L.3421-1 of the Public Health Code). Any advertising of cannabis could be held as an incitation to use an illicit drug; such incitation is a criminal offence as well, incurring a fine and imprisonment (Article L.3421-4 of the Public Health Code). Alcohol The advertising of alcohol is regulated by the French Public Health Code. It is authorised in the print media (magazines and newspapers not aimed at young audiences), on the radio at certain hours, in billboard advertising (but not near schools or on public trans - port), at the point of sale, in the producers’ cata - logue and during some traditional festive events. It is allowed on the internet as well, but not on websites meant for children or those operated by sport associa - tions. Advertising on all other media, including televi - sion and cinema, is prohibited, as is any sponsorship by alcohol brands. When alcohol advertising is permitted, its contents must focus only on the products’ characteristics (ori -
148 CHAMBERS.COM
Powered by FlippingBook