Advertising law
Areas of expertise > Advertising law
Advertising law is a complex and constantly evolving area of law: the applicable legal provisions and legislation must adapt to the evolution of advertising communication techniques (and in particular to communications through new media: social networks, mobile telephone advertising, etc.).
It governs in particular misleading and comparative advertising, unfair commercial practices, the promotion of certain regulated products and commercial influence.
Cabinet Bouchara & Avocats assists advertisers, brands and agencies in securing their advertising campaigns, from design through to distribution, as well as in drafting contracts and handling any resulting disputes.
To discuss your advertising projects and issues,
Our services
Validation
We assist you in the validation of advertising campaigns and promotional operations (contests, lotteries) with regard to French and European legislation (in particular with regard to direct or indirect advertising for alcoholic beverages or tobacco) and the applicable professional rules (ARPP, etc.).
In particular, we check mandatory notices, the substantiation of claims (prices, performance, environmental commitments) and the rights to the elements used: music, photographs, trademarks, images of individuals.
Assistance
We assist you in setting up partnerships, sponsoring contracts with personalities, and in creating and running information or promotional campaigns.
Drafting and negotiation
Drafting and negotiating contracts for the advertising sector such as:
- contract for the commission of advertising works,
- advertising agency contract,
- advertising sales house contract, competition rules,
- media buying and advertising space purchase contracts,
- partnership, sponsorship and influencer contracts,
- contracts relating to image rights,
- assignment or licence agreements for copyright in advertising creations.
These contracts make it possible to define the rights granted, the media and territories of use, the duration of campaigns, exclusivity, and the conditions for approving and reusing content.
Assistance and representation
We assist and represent you in all litigation relating to these sectors of activity (advertising use of a third party’s image or brand, deceptive commercial practices, comparative advertising, etc.).
We also act in the event of an inspection or request from the DGCCRF (French consumer protection authority), a complaint before the Jury de Déontologie Publicitaire (JDP), a request to withdraw a campaign or a formal notice from a competitor or a rights holder.
We also take action for unfair competition against a competitor’s unlawful advertising, whether as claimant or defendant.
Regulation
The regulations applicable to advertising affect different areas of law: commercial law, consumer law, competition law, intellectual property law. Regulations are constantly evolving.
Compliance of the advertising message
It is necessary to respect the legislation imposing the use of the French language (article 2 of Law No. 94-665 of 4 August 1994, known as the Toubon Law, which covers all written, spoken or audiovisual advertising), to be careful not to convey a message likely to mislead the consumer and not to risk the incrimination of misleading advertising, etc.
The rules relating to one-time promotions (discounts, liquidations, sales, private sales) are very specific, as are those relating to promotions in the context of contests or lotteries. For example, a ruling of the ECJ on April 23, 2009, condemned the prohibition of premium sales and sales by lots.
Comparative advertising
Comparative advertising is lawful if it is not misleading, relates to goods or services meeting the same needs and objectively compares one or more essential, relevant, verifiable and representative features, including price (article L. 122-1 of the French Consumer Code).
Case law also points out that the comparison must be presented clearly enough not to mislead consumers, particularly where the conditions of comparison differ between the retailers or products concerned.
Advertising for alcohol and tobacco
Finally, the promotion of alcoholic beverages and tobacco products is extremely limited, and these limitations may have indirect repercussions and affect the owners of trademarks bearing these signs and yet registered for goods and services that have no connection with alcoholic beverages and tobacco products.
For example, the Paris Court of Appeal recently handed down a ruling on October 26, 2011 (Pôle 5 ch. 1, RG n°09/23375) stating that:
“the registration of the trademark ‘Diptyque’ by the company Hennessy [for alcoholic beverages] is such as to paralyze the use that the company Diptyque makes of its trademark since it can no longer fully exercise its right of ownership over the Diptyque sign; that this results in a loss of effectiveness of the earlier trademark constituting an infringement of the trademark rights enjoyed by the company Diptyque prior to the filing of the disputed trademark, which will consequently be canceled pursuant to Article 711-4 of the Intellectual Property Code.”
The Court of Appeal therefore considered that DYPTIQUE could no longer advertise and therefore promote its perfumes, candles and cosmetics sold under its DYPTIQUE brand because these advertisements could be analyzed as indirect advertisements for HENNESSY’s alcoholic products.
The second trademark, owned by HENNESSY, was therefore canceled because it prevented the first trademark from carrying out its advertising activities with peace of mind.
Online advertising and influencer marketing
Recent developments in advertising law also concern targeted advertising, influencer marketing, sponsored content, the use of personal data and environmental claims.
Campaigns involving influencers are subject in particular to the rules laid down by the Law of 9 June 2023 on commercial influence. The commercial nature of the content must be clearly identifiable. Where a campaign uses cookies for advertising targeting or retargeting, it must also comply with the rules on trackers and on personal data protection.
Environmental claims and greenwashing
Environmental claims are subject to increasingly close scrutiny. An advertisement may only present a product or service as carbon neutral if the advertiser publishes its greenhouse gas emissions report, its reduction trajectory and its offsetting arrangements (article L. 229-68 of the French Environmental Code). For a misleading commercial practice based on an environmental claim, the fine may reach 80% of the expenses incurred for the advertising (article L. 132-2 of the French Consumer Code).
Recognised expertise in advertising law
Cabinet Bouchara & Avocats is regularly recognised for its expertise in advertising law, intellectual property, digital platforms law and data protection.
Décideurs | Leaders League 2025 — Advertising and marketing law
Cabinet Bouchara & Avocats — “Pratique réputée”.
Décideurs | Leaders League 2026 — Digital platforms and applications law
Cabinet Bouchara & Avocats — “Forte notoriété”.
Chambers France 2026 — Intellectual Property: Trade Mark & Copyright
Vanessa Bouchara — Band 2, ranked for thirteen years.
Legal 500 EMEA 2026 — Intellectual Property: Copyright
Legal 500 EMEA 2026 — Intellectual Property: Trade Marks and Designs
Cabinet Bouchara & Avocats — Tier 2.
Intellectual Property Lawyers Team
FAQ
What should you send to your lawyer to have a campaign reviewed?
The Firm needs to be able to review the campaign as a whole: the brief, the copy, the visuals or mock-ups, the claims and their supporting evidence, the planned mandatory notices, and the media and countries of distribution. The contracts concluded with agencies, creators or rights holders may also be needed to analyse the situation as a whole.
Is complying with ARPP recommendations enough to make an advertisement safe?
Not on its own. ARPP recommendations set out an ethical framework, but the campaign must also comply with the rules on consumer protection, intellectual property, image rights and personal data. Specific obligations may also apply depending on the product being promoted.
Can you show a competitor’s trademark or product in an advertisement?
Yes, in certain cases, particularly in comparative advertising. The comparison must then be objective, verifiable and fair. It must not mislead the public, create confusion or denigrate the competitor. A review before publication makes it possible to assess these criteria in light of the planned campaign.
On this subject: the use of a third party’s product in an advertisement.
