E-Malt.com News article: France: Heineken to appeal ban on adverts

Heineken, one of the six official sponsors of the Rugby World Cup in France, are to appeal against a ruling forcing them to pull associated advertising from local magazines and newspapers, The Financial Times Limited reported October 4.

A Paris court ruled on Tuesday that four publicity visuals used by Heineken are illegal under France's 1991 Evin Law, which controls advertising of alcoholic drinks.

The case against Heineken, taken by the National Association for the Prevention of Alcoholism and Addiction (ANPAA), is the second in which the brewer has been charged with breaking French laws governing alcohol advertising.

Heineken said in a statement they would appeal the latest ruling on the grounds they had done their best to respect local laws.

Asked if they felt "persecuted" in France, Heineken said no.

"Heineken's relationship with RWC 2007 is to make the tournament an enjoyable, unique and memorable experience for rugby and its fans across the world," said Vivi Hollertt, a Heineken spokesperson.

Hollertt said the company's promotional activities, in about 15 markets, were adapted to fit local laws; for example, they offered alcohol-free beer in France.

However, the company may yet again have to defend themselves against one of the ANPAA's original charges - one that was not upheld in the first court case last month - that its sponsorship of the RWC 2007 is in itself illegal.

In a press release following Tuesday's court ruling the ANPAA said the judge's decision showed drinks producers in France must respect the 1991 Evin Law, which makes it illegal to advertise alcoholic drinks in association with situations of good luck, achievement, daring or sport.

One of the advertising visuals in question was of six bottles depicting a lineout and a bottle top as a rugby ball. Another showed a full beer glass, with a red star and the word Heineken on it, with a stadium as a backdrop.

After Heineken are legally notified, today or tomorrow, they will have 48 hours to withdraw advertising or face fines of 1,000 per infraction.

Last month (September 14th) the ANPAA succeeded in forcing the brewer to take down green banners, with a glass of beer and the word Heineken on them, that had been distributed to 250 cafes, bars and other outlets around Paris.

In both cases judges ruled Heineken were in breach of the Evin Law. The same law also forbids alcohol-related sponsorship of sporting and cultural events.

The president of the ANPAA, Alain Rigaud, said given the two successful results his association will now continue with its earlier action challenging the legality of Heineken's sponsorship of the 2007 Rugby World Cup.

"The Evin Law says that authorising of sponsorship for cultural and sporting events is not allowed if it is linked to an alcoholic drink," Rigaud said. "This is one of the reasons we took action."

Rigaud, who would not comment further, said he was talking to lawyers and he had prepared further legal documentation to support the charge that Heineken's sponsorship was illegal.

The IRB, organisers of the Rugby World Cup, would not comment, other than to say they were up to date on the situation and it was a Heineken France issue.

"We are well into the tournament anyway," said Greg Thomas of the IRB.


05 October, 2007