The company, BEER MARKET produces and markets beers bearing the trademark “Levrette” on the labels, as well as saucy puns such as ” Levrette, it’s not what you think “, ” It’s not an indecent proposition from the barman ” and humorous drawings of rabbits.

The trademark has been sued since 2021 by the association Addictions France on the basis of the loi Evin (Evin Law) applicable to all direct or indirect advertising in favour of an alcoholic beverage, provides an exhaustive list of the media where alcohol can be promoted (radio, internet advertising, print media…) and content (name and origin of wine, alcohol content, composition…).

The question was therefore whether the packaging of alcoholic beverages, including the labelling, was an advertising medium subject to these restrictions.

Hence, the Court of Cassation was asked to rule on two questions, to which it replied in the negative in its partial judgement delivered on 20/01/2026 (Crim. Cass. 20/01/2026 no. 24-83.474), namely:

• The packaging is not in itself subject to the restrictive provisions applicable to advertising in Article L. 3323-4 of the Public Health Code. Only the reproduction of this packaging in an advertisement must comply with the law.
• The term “Levrette”, the trade name under which the beverages at issue were sold, constitutes their denomination, which is authorised by the same article.

The Court of Cassation ruled that the provisions of the loi Evin should be interpreted strictly, and drew a distinction between products bearing labelling which could be used for creative expression and strictly regulated advertising, particularly on a website.

The case has been reassigned to another Court of Appeal to confirm the legal certainty thus given to the alcoholic beverage sector.