Advertising, Marketing & Promotion Comparative Guide

1 Legal framework

1.1 What are the main legislative and regulatory provisions that govern advertising in your jurisdiction?

Advertising is regulated by both law and self-regulation.

General rules apply to all advertising, irrespective of the product concerned. For example:

• the Consumer Code covers:
• • deceptive and misleading advertising; and
  • comparative advertising;
• the IP Code deals with the protection of trademarks and copyrights;
• Article 9 of the Civil Code protects the images and privacy of individuals; and
• the 1994 loi Toubon requires the use of the French language in all advertising.

There are also specific rules that apply to certain media. For instance, Decree 92-280 of 27 March 1992 sets out specific rules on television advertising.