SECTION A OVERVIEW

Updates:

ARPP Review March 2020

Links refreshed Sept 2020

New CE Code September 2020

Video-sharing platforms December 2020

Links refreshed July 2021

ARPP Digital Code in force Jan 2022 FR / EN

Update to Consumer Code (EN key clauses) May 2022

Links refreshed September 2022

'Reef friendly' claims for Sunscreens (U.S.) Feb 2023

Added Sustainability Code FR / EN Feb 2023 

'Clean' marketing claims. U.S. May 2023

Bryan Cave Leighton Paisner/ Lex

Reviewed November 2023; 2 links renewed

DGCCRF guide/ rules (FR) updated Jan 2024

Revision of the EU Cosmetics Regulation

Obelis group March 11, 2024. EC pages here

New ICC Code here (EN; September 19, 2024)

ICC Code French trans November 7, 2024

CONTEXT AND SCOPE 

These pages set out the rules for marketing communications in the cosmetics sector. We don’t cover labelling or packaging. A cosmetic product is defined here Definition ‘any substance or mixture intended to be placed in contact with the external parts of the human body (epidermis, hair system, nails, lips and external genital organs) or with the teeth and the mucous membranes of the oral cavity with a view exclusively or mainly to cleaning them, perfuming them, changing their appearance, protecting them, keeping them in good condition or correcting body odours.’ (Art.2.1.a. Regulation 1223/2009) A source of difficulty in making claims in this category is whether a particular product falls under cosmetics legislation or should be considered to be a medicinal product. In that context, the European Commission pages on cosmetics are here; their statements on borderline products here. This is a heavily regulated sector with requirements for e.g. the appointment of ‘responsible persons’ and the registering of PIFs (Product Information Files), which type of requirement is outside our scope.

COSMETICS MARCOMS RULES 

There are two EU Regulations at the heart of the regime for the cosmetics sector, so all member states have those Regulations as the ‘core’ of rules. In the case of France, that core is surrounded by both specific additional or complementary legislation and self-regulation. The full picture is of three intertwined regulatory influences, as follows:

1. THE CPR AND COMMON CRITERIA

The Cosmetic Products Regulation (CPR) 1223/2009 deals largely with product formulation, the core marcoms-related provision being from article 20.1: 'In the labelling, making available on the market and advertising of cosmetic products, text, names, trade marks, pictures and figurative or other signs shall not be used to imply that these products have characteristics or functions which they do not have'. In the same article, the EC is required to develop an 'action plan regarding claims used and fix priorities for determining common criteria justifying the use of a claim.' Full article here. The outcome was the Regulation 655/2013 setting out those ‘common criteria’ for the justification of claims for cosmetic products, i.e. the acceptability of a claim made on a cosmetic product is determined by its compliance with the common criteria. The six common criteria are:

Legal compliance 

Truthfulness

Evidential support

Honesty 

Fairness

Informed decision-making 

all here with summary descriptions. These rules are directly applicable in member states. The (non legally binding) 2017 Technical document on cosmetic claims, providing guidance/ best practice for the application of Regulation 655/2013, is here; Annex I sets out each of the six criteria and shows examples of claims that are not permitted. Annex II deals with Best practice for claim substantiation evidence and III and IV cover 'Free-from' and Hypoallergenic claims respectively. See also our following content section B.

2. NATIONAL SELF-REGULATORY CODES AND LEGISLATION: COSMETICS

Self-regulation: In the case of France, the ARPP publish a Cosmetics Code (EN), provisions from which are set out in our following content section B. The applicable French version was recently amended to bring the Code more into line with legislation; the code came into force July 1 2019. In legislation, see the DGCCRF (France's competition authority) pages on cosmetics which point to the Public Health Code (PHC), in particular articles L.5131-1 to L.5131-8 and R.5131-1 to R.5131-15. France has introduced further legislation in the PHC article L2133-2 (EN) addressing retouched model shots, applicable to all sectors but obviously relevant to cosmetics, which must include a declaration in the advertising ‘Photographie retouchée’. The accompanying Decree 2017-738 of May 4, 2017 (FR) requires that execution is 'accessible, clearly distinguished and visible.' The ARPP Notes and Overlays Code (EN) should be observed in this context.

3. GENERAL MARCOMS RULES: ALL SECTORS

• 3.1. Consumer protection (in the marketing context) legislation in France is provided by the Consumer Code (EN key clauses inc 2022 amends), which transposes the Unfair Commercial Practices Directive 2005/29/EC. The Code, which should be observed by all sectors in all media, covers all forms of misleading marketing and advertising practices. Amends to the Consumer Code effective May 28, 2022 were driven by the 'Omnibus' Directive 2019/2161 which introduced requirements for information in an e-Commerce context related to search rankings and consumer reviews (article L121-3) and promotional pricing rules under article L112-1-1. More in content section B and under the General tab below. 
• 3.2. The ARPP’s general code is the ICC Advertising and Marketing Communications Code (EN 2024, in French here). Sectors such as cosmetics, which 'enjoy' sector-specific rules, remain also subject to general rules, which in the form of social responsibility/ taste and decency etc. are frequently applied in sector adjudications.
• 3.3. Particularly significant because of the prevailing regulatory pressure in France and because of the sector's romance with environmental claims, are the various rules that apply to those/ sustainability claims. An important source is the ARPP Sustainability Code FR / EN (both V3). The code covers topics such as truthfulness, vocabulary, signs, labels and logos, clarity and qualifications, and complex systems. ARPP require that national campiagns carrying an environmental claim should be reviewed with them prior to transmission. Check out the General tab below as there are dangerous waters in legislation also. 

4. Cosmetics Europe (CE) is a particularly active trade association, responsible for Guiding Principles on Responsible Advertising and Marketing Communication (2020 version). The French trade association FEBEA is a signatory. CE also publishes the Compendium of applicable legislation, self-regulation, best practices and guidance on cosmetic product claims in advertising. 

CHANNEL RULES 

The cosmetic sector does not attract any channel (i.e. placement) rules that are specific to the sector and to any individual channel. The general channel rules, applicable to all sectors cosmetics included, are referenced below and in the following channel section C, but principally available from the General tab beneath the sector-specific rules (as, essentially, there aren’t any).

Decree 92-280 (FR - key clauses translated here) transposed the AVMS Directive 2010/13/EU (AVMSD) and provides some core rules in all forms of broadcast commercial communications (see below in this para re extension online). Two 2017 developments are the lifting of the prohibition (FR) on showing product in TV programme sponsorship, and the introduction of a ban (FR) in and around children’s (U12) programmes for anything other than generic messages for goods or services relating to children's health and development, or campaigns of ‘general interest’. Details in channel section C under the General tab, as these rules apply to all sectors. The same applies to amendments brought about by Directive 2018/1808 extending the scope of the AVMSD into e.g. video-sharing platforms, which are provided nationally in Ordinance 2020-1642 of 21 December 2020 (FR). This is significant for cosmetics as it means that broadcast/ VOD content rules for commercial communications apply in social media platforms and in video-sharing platforms in particular (where cosmetics will be active) commercial communications are required to be clearly identified as such both by contributors and by the platforms when they are aware of their existence. See the General tab for full explanation.

Privacy

Data protection is under the auspices of the independent authority CNIL. Personal data processing is now under the GDPR regime with national law 2018-493 (FR) on personal data protection, which incorporates GDPR provisions and amends the French Data Protection Act. Direct electronic communications legislation is primarily from the 2013 Mail and Electronic Communications Code (FR) - English translation of the key article L34-5 here. Details in our channel section C, largely under the General tab.

Influencers and others online

The online channel in various commercial forms is covered by ARPP’s Digital Advertising and Marketing Communications Code (EN; V5 in force Jan 2022. FR). The code covers techniques/ formats online such as brand content, sponsored links, native advertising, OBA and some ‘Influencer’ rules, the latter under point 3 of the 'application list'. The code was amended in late 2021; new version in force January 1, 2022. A December 2021 press release setting out the changes is here in English. Per above, the code is applicable to all sectors; its scope includes advertiser websites.

ADJUDICATIONS/ RULINGS

How Do Consumers Interpret "Reef Friendly" Claims? Frankfurt Kurnit Klein & Selz PC/ Lex. February 2023

The referenced judgements on sunscreen claims are from the U.S. courts

The link to the relevant section of the ARPP website is here:

https://www.jdp-pub.org/avis/#searchbox-expandable?opage=2 (FR)

A ruling on a hair-removal product is linked below; this is selected because it shows some of the sensitivities or level of them around the showing of the female form:

https://www.jdp-pub.org/avis/depiltech-affichage/ (FR)

A ruling on a MAC lipstick is linked below; this is selected because it shows some of the sensitivities around double-entendre (or in this case, double pas intendre):

https://www.jdp-pub.org/avis/m-a-c-affichage/ (FR)

The poster concerned is here:

http://www.g-regs.com/downloads/FRCosMacBiteMePoster.jpeg

As indicated, these rulings are in French apart from the opening U.S. reference; Google Translate will provide the gist.

SECTION A OVERVIEW

Updates since June 2022 (slimmed)

The 2024 ICC Code is subject to consultation in France, as it represents the 'base' of some 31 ARPP recommendations

Planned completion Summer 2025; formal launch (and translation) of the code was on November 4th

Meanwhile, copy advice is already deploying the 2024 version (EN) French version now here

Client Earth, Blackrock and the AMF

RPC October 28, 2024

Lululemon Hit with Complaint Over Greenwashing
Hausfeld LLP/ Lex July 25, 2024. Ad here

LOI n° 2024-449 du 21 mai 2024 visant à sécuriser et à réguler l'espace numérique (FR)

Orrick June 4, 2024 on the above 'SREN' law (EN) inter alia enacts DSA, DMA

And helpful overview from Bird&Bird/ Lex August 29, 2024 here (EN) 

Set out below are the rules that affect all product sectors in France. While some sectors are subject to specific rules, they must also observe the ‘general rules’ that deal with e.g. misleadingness, social responsibility, decency, offence, etc. Some countries write their own codes that address those issues, others will deploy the established ICC Advertising and Marketing Communications Code (EN 2024), which applies directly in France. The French version of the code, obviously applicable in this context, is here (2024 code). Details are in English in our content section B, or see the linked code. The articles frequently referenced in adjudications are 2, Social and environmental responsibility and 5, Truthfulness. There's a helpful March 2023 round-up here of 'Prohibited and controlled advertising in France' from lawyers Bernard-Hertz-Béjot via Lex and another piece from them on misleading advertising in France, March 2021.

SRO AND CODES

The Self-Regulatory Organisation in France is the ARPP (Autorité de Régulation Professionnelle De La Publicité). As you might expect, there are a number of codes that are unique to France; they are all collected here in FR and in EN; the overall regulatory position is relatively intricate and certainly not short on rules. Supplementing the ‘base’ ICC Code are a number of sectoral codes such as those for cars, children, gambling etc. Those codes are shown in detail in the sectors we cover elsewhere, or they can be found on the ARPP website linked above. Trans-sector codes from ARPP are also significant influences in both content and channel rules; a selection is:

Portrayal of people

Code for the Portrayal and Respect of People (EN):

https://www.arpp.org/nous-consulter/regles/regles-de-deontologie/portrayal-and-respect-of-the-human-b%c2%adeings-code/

In the original French (Recommandation Image et Respect de la Personne):

https://www.arpp.org/nous-consulter/regles/regles-de-deontologie/portrayal-and-respect-of-the-human-b%c2%adeings-code/

The code, introduced in 2016, covers aspects such as dignity and decency, stereotypes, and ethnic or religious references. The full code is set out in content section B, or click above.

Children

A separate Children database is available from the home page of this website. Meanwhile, here is the core Article !8 Children and Young People (EN) from the ICC Code and the ARPP 'Recommandation Enfant' FR / EN. There are some provisions on child protection in the ARPP’s Digital Advertising and Marketing Communications Code (FR V5 in force Jan 2022; EN here); see clause 3. There are also references under point 1.6 (Safety) in the content section B that follows. K&L Gates LLP/ Lex bring to your attention 'French framework for “kidfluencers” - Yet another undertaking for online platforms', which describes the arrival and implications of Act No. 2020-1266 (FR) of 19 October 2020 on the commercial use of the image of children under 16 on online platforms. Under this act, which amends the French Labour Code, anyone (including parents) recording videos featuring children under 16 with the aim of making money on video sharing platforms must request the relevant public authority’s prior authorisation. More here from Klemchuk LLP/ Lex April 14, 2023.

Identification

Identification of advertising and marketing communications. Identification of the advertiser (EN)

In the original French (Recommandation Identification de la Publicité et des Communications Commerciales):

The code is largely based on the (2018) ICC Code and shows extracts from that. There is a specific requirement for ‘advertorial’ in print. See also the ICC Native Guidance below, and the ARPP Guidance on Influencer Marketing (Video EN sub-titled)

Native

The ICC’s Guidance on native advertising Is in French here

And in English here

The  Digital Advertising and Marketing Communications Code (EN; V5) also carries native advertising provisions

Influencer marketing

Influencer legislation & EU harmonisation

re DADDUE law. K&L Gates June 17, 2024

 Le Guide de bonne conduite pour Influenceurs et créateurs de contenu (FR)

Above from Ministre de l'Économie July 2023. Haas summary here (FR)

Parliament adopts a bill to regulate commercial influence (PR, FR) June 1, 2023. Law here (FR) 

Commentary here (FR) from Grant Thornton May 26, 2024. Code of Good Conduct here (FR)

ARPP

ARPP recommendations for influencer marketing

https://www.youtube.com/watch?v=8Jx4gr5bvH0 (EN sub-titles)

Key graphic, which explains how ID must be 'Immediate and explicit,' is here (FR). #ad, for example, is not permitted

The  Digital Advertising and Marketing Communications Code (EN; V5) also carries Influencer provisions

The Media Institute in collaboration with ARPP launched the Responsible Influencing Certificate in September 2021. More here (FR)

ARPP and Instagram launch “C’est Carré” to promote good practice in Influencer Marketing. December 2022

Safety

Safety Code: Dangerous behaviours and situations (EN)

In the original French (Recommandation Sécurité: Situations et Comportements Dangereux)

The code is particularly protective of children but helpful in describing situations that are permitted

Details in content section B or from the links above

Price

https://www.arpp.org/nous-consulter/regles/regles-de-deontologie/publicite-de-prix/ (FR)

https://www.arpp.org/nous-consulter/regles/regles-de-deontologie/advertising-prices-code/ (EN)

This recommendation sets out the principles, qualifications and formatting by channel when including price in advertising. Details in content section B & channel section C

Sustainability (inc. beyond SRO)

News/ developments 

Greenwashing in the EU, France and the UK 

Addleshaw Goddard/ Lex November 11, 2024

20 compagnies aériennes épinglées pour greenwashing. Apr 30, 2024

The government presents its “digital decarbonization” roadmap (FR)

Haas Avocats September 25, 2023

Fossil fuels ad ban; carbon and other claims
From 22nd August 2022, the 'advertising and promotion' (la publicité relative à la commercialisation ou faisant la promotion) of specified fossil fuels is prohibited; see section 8 of the Environmental Code, art. L229-61 (FR) from the 'Climate and Resilience Law'. Some acerbic August 2022 commentary from GALA here. The same law introduced a new section 9 in the Environmental Code on requirements and conditions for carbon claims such as 'carbon neutral', 'zero carbon', 'zero-carbon footprint', 'climate neutral', 'fully offset', '100% offset' or equivalent, applicable as of January 1, 2023. Key clauses are in English here, courtesy of Soulier Avocats. There are other significant environmental information measures aimed at 'waste-generating' products, which include a ban on terms such as 'environmentally friendly' or 'biodegradable' on products and packaging; details to be developed via decree in the coming months; see Better consumer information on the environmental qualities of products from Bird&Bird June 2022, Decree 2022-748 here (FR).

As further emphasis that environmental claims are high on the regulatory agenda, the Consumer Code - principal legislation in advertising content and incorporating transposition of the Unfair Commercial Practices Directive 2005/29/EC - was amended by the same 'Climate and Resilience Law' (Law 2021-1104 of August 22, 2021 - FR; art 10) to include specific reference to environmental impact under CC article L121-2, which sets out how a product or service's 'essential characteristics' must not mislead. The full article can be found here in English and the Consumer Code is here in French. 

National and international codes and guidance 

ARPP's Sustainable Development Code in French here (V3) and English here 

Video here: https://www.arpp.org/nous-consulter/regles/regles-de-deontologie/sustainable-development-code/ (EN sub-titles)

Practical guide to environmental claims (FR) published by DGCCRF and the Consumer Council May 25, 2023

Chapter D of the ICC Advertising and Marketing Communications Code (EN 2024) is devoted exclusively to environmental claims 

ICC Environmental framework 2021 'provides added guidance on some established environmental claims and additional guidance on some emerging claims.'

 DLA Piper's August 2024 Environmental Advertising Claims Guide covers all key markets including France

Commentary

Quelles Sont Les Nouvelles Obligations Environnementales Pour Les Sites E-Commerce? Haas Avocats April 4, 2023

The French regulatory arsenal against greenwashing. Taylor Wessing/Lex April 3, 2023

The above includes some rulings from ARPP

Communication on the environmental qualities of products: dos and don'ts. Dentons/ Lex 

SECTION A OVERVIEW

SECTION B CONTENT RULES

1. THE CPR 1223/2009 AND CLAIMS REGULATION 655/2013

1.1. The CPR

1.2. The Claims Regulation Common Criteria and guidelines

1.3. Guidelines for ‘free from' claims

1.4. Guidelines for hypoallergenic claims

1.5. Other claims – ‘natural’ and ‘organic’

1.6. Sunscreen products

1.7. Animal testing (absence of)

2. THE ARPP COSMETICS CODE

2.1. Introduction

2.2. General principles

2.3. Specific claims

2.4. Particular products

3. GENERAL RULES with particular relevance to cosmetics

3.1. ARPP Sustainability code

3.2. ARPP Portrayal of people

3.3 The ARPP Notes and overlays code

3.4. Conseil de l’Ethique Publicitaire (CEP) opinion on nudity

3.5. Body image in advertising

3.6. Legislation in marcoms in France

4. COSMETICS EUROPE Guiding Principles

1. THE CPR 1223/2009 AND CLAIMS REGULATION 655/2013

1.1. The CPR 1223/2009

• The CPR carries one key article specific to claims in marketing communications - Article 20. From that: 1. ‘In the labelling, making available on the market and advertising of cosmetic products, text, names, trade marks, pictures and figurative or other signs shall not be used to imply that these products have characteristics or functions which they do not have.’
• 3. The responsible person may refer, on the product packaging or in any document, notice, label, ring or collar accompanying or referring to the cosmetic product, to the fact that no animal tests have been carried out only if the manufacturer and his suppliers have not carried out or commissioned any animal tests on the finished cosmetic product, or its prototype, or any of the ingredients contained in it, or used any ingredients that have been tested on animals by others for the purpose of developing new cosmetic products
• The article also requires: ‘the Commission shall adopt a list of common criteria for claims which may be used in respect of cosmetic products, in accordance with the regulatory procedure with scrutiny referred to in Article 32(3) of this Regulation, taking into account the provisions of Directive 2005/29/EC.’ (Note: that’s the Unfair Commercial Practices Directive which we cover later and below under the General tab. All that’s being said here is that the nature of the common criteria should be consistent with ‘horizontal’ provisions in the UCPD

1.2. The Claims Regulation 655/2013

The acceptability of a claim made on a cosmetic product is determined by its compliance with the 'Common Criteria'. The 2017 (non-binding) Technical document on cosmetic claims is 'a collection of best practice for the case-by-case application of union legislation by the member-states.' Guidelines/ best practice for each of the criteria below are shown in Annex I of the technical document 

1. Legal compliance

1. Claims that indicate that the product has been authorised or approved by a competent authority within the Union shall not be allowed
2. The acceptability of a claim shall be based on the perception of the average end user of a cosmetic product, who is reasonably well-informed and reasonably observant and circumspect, taking into account social, cultural and linguistic factors in the market in question
3. Claims which convey the idea that a product has a specific benefit when this benefit is mere compliance with minimum legal requirements shall not be allowed

2. Truthfulness

1. If it is claimed on the product that it contains a specific ingredient, the ingredient shall be deliberately present
2. Ingredient claims referring to the properties of a specific ingredient shall not imply that the finished product has the same properties when it does not
3. Marketing communications shall not imply that expressions of opinions are verified claims unless the opinion reflects verifiable evidence

3. Evidential support

1. Claims for cosmetic products, whether explicit or implicit, shall be supported by adequate and verifiable evidence regardless of the types of evidential support used to substantiate them, including where appropriate expert assessments
2. Evidence for claim substantiation shall take into account state of the art practices
3. Where studies are being used as evidence, they shall be relevant to the product and to the benefit claimed, shall follow well-designed, well-conducted methodologies (valid, reliable and reproducible) and shall respect ethical considerations
4. The level of evidence or substantiation shall be consistent with the type of claim being made, in particular for claims where lack of efficacy may cause a safety problem
5. Statements of clear exaggeration which are not to be taken literally by the average end user (hyperbole) or statements of an abstract nature shall not require substantiation
6. A claim extrapolating (explicitly or implicitly) ingredient properties to the finished product shall be supported by adequate and verifiable evidence, such as by demonstrating the presence of the ingredient at an effective concentration
7. Assessment of the acceptability of a claim shall be based on the weight of evidence of all studies, data and information available depending on the nature of the claim and the prevailing general knowledge the end users

4. Honesty

1. Presentations of a product’s performance shall not go beyond the available supporting evidence
2. Claims shall not attribute to the product concerned specific (i.e. unique) characteristics if similar products possess the same characteristics
3. If the action of a product is linked to specific conditions, such as use in association with other products, this shall be clearly stated

5. Fairness

1. Claims for cosmetic products shall be objective and shall not denigrate the competitors, nor shall they denigrate ingredients legally used
2. Claims for cosmetic products shall not create confusion with the product of a competitor

6. Informed decision-making

1. Claims shall be clear and understandable to the average end user
2. Claims are an integral part of products and shall contain information allowing the average end user to make an informed choice
3. Marketing communications shall take into account the capacity of the target audience (population of relevant Member States or segments of the population, e.g. end users of different age and gender) to comprehend the communication. Marketing communications shall be clear, precise, relevant and understandable by the target audience

1.3. Guidelines/ best practice for ‘free from' claims

Annex III of the Technical document on cosmetic claims agreed by the Sub-Working Group on Claims (version of 3 July 2017), also referenced above. We have extracted the annex here. Note that “In the case of ‘free from’ claims, more guidance is needed for the application of the common criteria to provide an adequate and sufficient protection of consumers and professionals from misleading claims.”

From Annex IV Technical document on cosmetic claims, extracted in full below 

The claim 'hypoallergenic' can only be used in cases, where the cosmetic product has been designed to minimize its allergenic potential. The responsible person should have evidence to support the claim by verifying and confirming a very low allergenic potential of the product through scientifically robust and statistically reliable data (for example reviewing postmarketing surveillance data, etc.). This assessment should be updated continuously in light of new data. If a cosmetic product claims to be hypoallergenic, the presence of known allergens or allergen precursors should be totally avoided, in particular of substances or mixtures:

• Identified as sensitizers by the SCCS or former committees assessing the safety of cosmetic ingredients
• Identified as skin sensitizers by other official risk assessment committees
• Falling under the classification of skin sensitizers of category 1, sub-category 1A or sub-category 1B, on the basis of new criteria set by the CLP Regulation18
• Identified by the company on the basis of the assessment of consumer complaints
• Generally recognized as sensitizers in scientific literature
• For which relevant data on their sensitizing potential are missing

- The use of the claim "hypoallergenic" does not guarantee a complete absence of risk of an allergic reaction and the product should not give the impression that it does

- Regarding the use of human data in risk assessment of skin sensitisation, including ethical aspects, reference should be made to the SCCS “Memorandum on use of Human Data in risk assessment of skin sensitisation”, SCCS/1567/15, 15 December 2015

- The companies should consider whether consumers, in the respective country, understand the claim 'hypoallergenic'. If necessary, further information or clarification regarding its meaning should be made available

• As it stands, the terms ‘natural’ and ‘organic’ are not specifically regulated under cosmetics rules, although article 20 CPR and the Common Criteria still apply as they do to all types of cosmetic product claims, whether natural/ organic or otherwise; the claim must not mislead and must be capable of substantiation. Horizontal legislation will also apply, per UCPD 2005/29/EC as transposed into French law in the form of the Consumer Code
• Non-mandatory source (soft law): Natural cosmetics guidelines approved by the Council of Europe expert committee on cosmetics, which provides conditions of use of ‘natural’ claims. Despite dating back to September 2000, the guidelines continue to have some relevance in the absence of specific replacements in European law
• That absence is part explained here: Clarification of the absence of European harmonised standard for natural and organic cosmetics from the DG Sanco (EC Health and Consumer Protection Department) pages 16/10/2015. The bottom line of that explanation is that an International Organization for Standardization (ISO) standard for natural and organic cosmetics was in the process of development. That process has now completed and been published, but findings/ conclusions do not include claims related to the terms ‘natural’ and ‘organic’.
• Cosmetics Claims: When can you claim Natural, Organic, Vegan and Non-GMO? from the Obelis Group March 2022 is helpful: from that: It is essential to highlight that there is no official regulation nor harmonized criteria on the definitions of ‘natural’, ‘organic’, and ‘vegan’. Therefore, while cosmetic product claims have to comply with the above legislation (regulations 1223/2009 & 655/2013), there is no precise interpretation of how these claims apply to products without being considered misleading. ISO 16128-2, to which this piece refers, is here 
• There are two ‘private’ (non profit) associations who provide standards: Cosmos-Standard, and NaTrue. Further background to those organisations and their publications, and more on all of the above, has been assembled here

1.6. Sunscreen products

How Do Consumers Interpret "Reef Friendly" Claims? Frankfurt Kurnit Klein & Selz PC/ Lex. February 2023

The referenced judgements are from the U.S. courts

The EC pages on sunscreen products documentation and legislation are here. From those: sunscreen products are cosmetics according to Regulation (EC) No 1223/2009. The efficacy of sunscreen products, and the basis on which this efficacy is claimed are important public health issues. In particular:

• Products should contain protection against all dangerous UV radiation
• An indication of the efficacy of sunscreen products should be simple, unambiguous, and meaningful; and it should be based on standardised, reproducible criteria
• Labels and claims should provide sufficient information to help consumers choose the appropriate product and apply it correctly

The Recommendation on the efficacy of sunscreen products and the claims made relating to them, adopted in 2006, addresses these issues and sets out the:

• Claims which should not be made in relation to sunscreen products
• Precautions to be observed including application instructions
• Minimum efficacy standard for sunscreen products in order to ensure a high level of protection of public health
• Simple and understandable labelling to assist in choosing the appropriate product

No claim should be made that implies the following characteristics (point 5):

• 100% protection from UV radiation (such as ‘sunblock’, ‘sunblocker’ or ‘total protection’);
• No need to re-apply the product under any circumstances (such as ‘all day prevention’).

​

• Claims indicating the efficacy of sunscreen products should be simple, unambiguous and meaningful and based on standardised, reproducible criteria (point 11)
• Such claims need to be verified by the respective testing methods as outlined in Point 10 and subsequently standardised by ISO and published by European Standardisation Organisation (CEN)
• Claims indicating UVB (Burn) and UVA (Aging) protection should be made only if the protection equals or exceeds the levels set out in Point 10, which provides for the minimum degrees of protection:

• For UVB Protection Claims: SPF (Sun Protection Factor) rating must be at least 6
• For UVA Protection Claims (including Broad Spectrum claims): a UVA protection factor should be at least 1/3 of the labelled SPF; second criterion a critical wavelength of 370 nm, as obtained in application of the critical wavelength testing method.

• Recommendation No. 23 Important Usage and Labelling Instructions For Sun Protection Products (February 2009)
• Recommendation No. 25 Use of Appropriate Validated Methods for Evaluating Sun Product Protection (2013)

Article 20 (3) of the CPR and the accompanying guidelines from Commission Recommendation 2006/406/EC allows restricted use of claims on the absence of animal testing, relating to the development or safety evaluation of the product or its ingredients. Cosmetics Europe has argued that such a claim is obsolete, as it would transgress the Legal Compliance common criterion: that you have complied with a legal requirement can’t be the basis of a claim. As animal testing is prohibited (testing ban since 11/09/2004 and marketing ban since 11/03/2009) such a claim would be founded on a legal requirement.

2. THE ARPP COSMETICS CODE

Notes

The provisions set out below are extracted from the ARPP English version of the code effective July 1 2019. The ARPP translation is not always great, but we have changed it only when the sense of the clause/ word is significantly affected by a poor translation; in that event we show in brackets or slash an alternative wording. The applicable version is of course the French version. The code, in force July 2019, is here (FR) with advice/ remarks here (FR)

1. General principles

1/1. Competition

1. The advertisement must contain no mention to create the impression that the product has particular characteristics while all the similar products have the same characteristics, in particular because of the category of the considered product or the simple application of the laws in force
2. The messages should not be built on arguments denigrating one or several competitive products

1/2. Proofs

1. Any claim must be supported by appropriate proofs
2. The claim must be consistent with the nature and the scope of such proofs
3. New clause When the cosmetic properties of one or more ingredients in the composition of the product are highlighted in advertising, their effectiveness in the finished product must be separately demonstrated / by other means Original clause French Lorsque les propriétés cosmétiques d’un ou de plusieurs ingrédients entrant dans la composition du produit sont mises en avant dans la communication publicitaire, leur efficacité dans le produit fini doit pouvoir être par ailleurs démontrée

1/3. Presentation of product performance

1.3.1. Types of tests

New clauses a-c

1. There are various tests to support cosmetic product claims. In addition to the sensory tests under protocol, and the ex vivo / in vitro tests, two types of tests are mainly used. When tests are mentioned in advertising, their type must be explicitly indicated. These could be:

Objective/ efficacy tests including:

• Instrumental tests using a machine adapted to measure performance
• Clinical tests under the supervision of an expert who measures the performance himself

In both cases, the expression of the result is the direct measurement of the average performance of the panel tested (e.g. minus X% of wrinkles or hydration 8 hours)

Satisfaction tests

This involves questioning consumers during a test in order to obtain their perception of the product’s performance after normal use. This expression of consumer feeling is stated as a percentage of satisfaction that cannot be presented as a percentage of product effectiveness

2. The presentation of objective tests and satisfaction tests must be clearly distinct when they are used in the same message
3. All of these tests meet general statistical and methodological criteria as described in Recommendations on assessment tests, validated by Cosmetics Europe (The Personal Care Association)

1/3.2. Presentation of the results

1. Quantified results

a/1  When advertising claims include figures, advertising must refer only to the average/ mean results, obtained on the whole tested population/ universe (the total number of subjects must be indicated) and statistically valid (Note: the new version of the code excludes a number of clauses that previously detailed issues from quantified results. Shown above is the complete new clause. The 2013 version of the code is here if you want to see the changes

2. Visual representations

•  When the advertisement refers to illustrations or demonstrations, for instance of a  "before / after" visuals, these visual representations should proportionately and coherently reflect the performances of the product and be representative of the tested sample

3. Ex vivo/ In vitro results

c/1 When the advertised results are derived from ex vivo/ in vitro testing methods, it should be mentioned in advertising

c/2 In any case, the presentation of results from in vitro studies must not suggest a result in vivo

1/3.3. Illustration of performance

1. Digital techniques can be used to improve the beauty of the images in order to communicate on the character and the position of the brand or any specific advantage of the product
2. Nevertheless, the illustration of the performance must not be misleading:

b/1 The digital techniques must not modify the images/ figures of the models (new phrase) in such a way that the forms and features are misleading concerning the performances of the product. Note on the translation of this clause

b/ 2 Pre and post production techniques are acceptable as long as they don’t convey features or functions that the product doesn’t have. For example, the following cases aren’t deemed misleading:

• Obvious exaggeration or stylish beauty shots that aren’t supposed to be taken literally
• Techniques that improve the beauty of the image and that don’t concern the product or the performances claimed

1.4. Guarantees  (Endorsements/ recommendations)

1. A recommendation, coming from one or several members of a medical, para medical or scientific profession, can apply either to an ingredient of a product, to a product or to a general message on hygiene or beauty, provided that it is based on objective scientific proofs that can be checked, and that it not only reflects the personal opinion of one or a few of these interviewed skilled individuals
2. When the direct recommendation for a product comes from a specialist working for the brand, the link must clearly be indicated in the ad
3. The specialist, if he is named, must really exist. An actor can be used though to represent him in the ad
4. These messages should not lead to confusion for consumers between cosmetic product and medicinal product

1.5. References to surgical or medical processes or operations

• The reference to medical procedures or surgery is possible provided that it does not mislead the consumer into believing that the product will give results equal or comparable to these processes

1.6. References to mechanism of action

• It is possible to refer to the mechanism of action of a product or of its ingredients if the mechanism relies on objective substantiations and that the main claim concerning the product is related to a visible cosmetic effect​

​

2. Specific claims

2/1. 'New'

1. The word 'new' and all its derived terms must only be used in relation to an actual modification of:

• The formula of the product or of its use
• Its presentation or its packaging, provided that it is well understood that this is new to this level only

2. The use of this term is usually limited to one year

2/2. 'Without' claims

1. in order to contribute to a positive image of cosmetics, advertising must be devoted primarily to positive arguments
2. As such, the use of an allegation (claim) indicating the absence of one or more ingredients or category/ group of ingredients is possible only if the claim meets the following specific conditions:

• b/1 It is not the main claim of the product but provides the consumer with additional information
• b/2 New clause It meets all the common criteria established by Regulation (EU) No. 655/2013 (legal compliance, truthfulness, evidential support, honesty, fairness, informed decision-making) and good practice, application of which is developed in the technical document on cosmetic claims published on 3 July 2017 by the European Commission and its subsequent versions (see translation of the document reproduced in the Annex). Note: refers to the annex of the Cosmetic Code, found here. The original English version of the technical document is here and shown  under our point 1.3 earlier in this content section B

2/3. Environmental allegations (claims)

• The whole ARPP Recommendation Sustainable Development (EN) is intended to apply to the communications of the sector. In particular:

1. Advertising should not contain any statement likely to mislead directly or indirectly the consumer on the actual ecological benefits or properties of products, as well as on the reality of the actions that the advertiser leads for the environment
2. Advertising must not give or appear to give a total guarantee of safety in the field of the environment, where the ecological properties of the product only concern a single stage of the life of the product or only one of its properties
3. The choice of words or signs in advertising, as well as colours that could be associated there, must not suggest ecological virtues which the product does not possess

Note: the new ARPP Cosmetics code, published in French and in force from July 2019, includes in its commentary that advertisers might ‘draw inspiration’ from the rules in point 1/4 The clause The advertiser must be able to support its sustainable development claims by means of evidence that is reliable, objective and verifiable at the time of advertising. For any message based on a scientific claim, the advertiser must be able to present the origin of the findings and methodology used for the calculation. Advertisements may not resort to demonstrations or scientific conclusions that do not conform to generally approved scientific findings of the ARPP Sustainable Development Code, having nevertheless noted that the Cosmetics Code clearly states “the whole of the Sustainable Development Recommendation of the ARPP is intended to apply sector communications  ".

2/4. 'Hypoallergenic'

• The word "hypoallergenic" is the only word derived from allergy which can be used, without particular explanation, to qualify products that are designed to minimize the possible risks of allergy
• All the other terms derived from the word “allergy” are forbidden. The term “allergy” can only be used with great caution          
• The use of this term should be consistent with the practices of the profession and must respect the following criteria

New clauses

• The product must not contain allergens or precursors of known allergens, in particular substances or mixtures of substances:

• Identified as sensitisers by the SCCC (Scientific Committee for Consumer Safety)
• Identified as skin sensitisers by other official risk assessment committees
• Classified as Category 1, Sub-Category 1A or Sub-Category 1B skin sensitisers on the basis of the new criteria laid down in Regulation (EC) No 1272/2008
• Identified by the company as part of the monitoring of cosmetovigilance of the product
• Generally recognized as sensitisers in scientific literature
• For which there is a lack of relevant data on their sensitising properties

• The product should not give the impression of guaranteeing the total absence of risk of allergic reaction
• The very low allergenic potential of the product should be verified and confirmed using scientifically and statistically valid data (e.g. in-market observation data)

2/5. 'Slimming / cellulite'

1. Weight loss is the result of either illness or a specialised treatment or a change of diet. Therefore, in a claim concerning cosmetics, no reference can ever be made to this word or to any derived terms
2. The use of the words "slim" or “getting slimmer” or its derived terms are permitted in order to express an improved aesthetic appearance, without any ambiguity in the expression
3. In this case, considering the varying results from one individual to the other, the quantified claims concerning reduced measurements and /or any precise information of the deadline for obtaining the results are only allowed if scientific proof is given
4. Products which mention an aesthetic action can refer to the word “cellulite” only by using the term "anticellulite" for example, provided that both visuals and claims relate to the cosmetic appearance of the skin, its appearance and its maintenance in good conditions (for example: "smoothing", "firmer skin", "softer skin",...)
5. Any claim related to the prevention or treatment of the cellulite is forbidden and the action of the product should only refer to the signs, effects, or appearance of cellulite

2/6.  'Anti-age / anti wrinkles'

1. A product can claim an action on the signs or the effects of ageing. In this case, claims concerning attenuation or reduction of wrinkles and fine lines can be used
2. This way, the use of the expression ”getting younger” or its derived terms must express the appearance of more youthful skin, without ambiguity in the wording of the advertising message

2/7. 'Anti-hair loss'

1. What is allowed: The use of the word "anti-hair loss" to qualify a product or a treatment aimed at diminishing, slowing down, limiting or preventing hair loss. The advertising message must not imply a definitive result. Claims about growth of existing hair
2. What is forbidden: The terms of growth or fresh growth of new hair, or any other sentence leading to the conclusion that the product can be a cure for hair loss. The terms "baldness", “stops hair loss" or any other similar expression

2/8. 'Moisturising'

• Moisturising products are cosmetic products aimed at improving or maintaining the water balance of the epidermis. A cosmetic product cannot be presented as susceptible to deeply moisturize or moisturize again the skin

New clause

2/9. 'Sensitive skin' claim

The "sensitive skin" claim is possible if both of the following conditions are met:

1. The volunteers included in the usage test performed under normal usage conditions reported a recent and repeated history of functional symptoms of skin discomfort (e.g. tingling, tightness, heating, itching, feeling of burning, redness ...)
2. These volunteers did not show during the usage test an increase in the functional symptomatology of skin discomfort that was relevant under analysis

3. Particular products

 3/1. Natural cosmetic product

Amended clause

• A cosmetic product can be qualified (can qualify) as "natural"  / “naturally derived” only if it is natural or naturally derived, according to the ISO 16128 standard, or any other reference at least as demanding, to the extent greater than or equal to 95%.

3/2. Organic cosmetic product  

1. A cosmetic product can be considered as "organic" only if it satisfies at least one of the following conditions:

• It contains 100 % of certified ingredients from organic farming
• It has been certified "organic" by a certifying body
• It can be justified that it was elaborated (developed/ established) according to published standards, having a requirement level, in terms of composition and content of certified ingredients stemming from organic farming, equivalent to the level(s) of requirement required by the certifying bodies  

2. The use of a sign or symbol in advertising should not be confused with official labels
3. Advertising does not imply that these signs, symbols or labels worth more than their effective range

3/3. Sunscreen products  

1. Claims concerning sunscreen products must comply with the EU Commission Recommendation of 22 September 2006 on the efficacy of sunscreen products and the claims made relating thereto
2. in particular, the following informational message on the proper use of the sun, must be integrated in the advertising, each company remains having the freedom to choose the most appropriate support and return the following three concepts in the form or the expression of choice:

• ‘Do not stay too long in the sun, even while using a sunscreen product’
• ‘Keep babies and young children out of direct sunlight’
• ‘Over-exposure to the sun is a serious health threat’

3. No claim must be made that implies the following characteristics:

• 100% protection from UV radiation (such as ‘sun block’, ‘sun blocker’ or ‘total protection’)
• No need to re-apply the product under any circumstances (such as ‘all day prevention’)

3/4. Products for acne problems

1. Are prohibited all claims concerning treatment or prevention of acne, treatment or prevention of papules, pustules, cysts, micro-cysts as well as the endocrinal action on sebum production
2. Any other claim is possible if substantiated by scientific evidence

3/5. Products for oral/ dental health

1. Are prohibited all claims concerning the treatment of cavities or gingivitis (for example: reduction of gum inflammation or gum bleedings)
2. Are possible all claims related to the prevention of cavities or the prevention and the reduction of occasional gum bleedings and inflammation

3. GENERAL RULES

With particular relevance to cosmetics

• It's important that the rules for all product sectors are also understood; adjudications against cosmetics advertising may well come from general misleadingness or taste and decency rules, for example. The principal source of rules for all advertising content is the 2018 ICC Advertising and Marketing Communications Code (EN 2024) which is directly applicable in France; French version here (2024). Rules from this code are set out in some detail below under the General tab; see especially social responsibility article 2, decency (3) and truthfulness (5)
• In this section we also reference some of the key codes that are most relevant to the cosmetics sector and which are referenced in the ARPP Cosmetics Code   

The full code is linked below; core articles are shown below under the General tab

https://www.arpp.org/nous-consulter/regles/regles-de-deontologie/sustainable-development-code/ (EN)

https://www.arpp.org/nous-consulter/regles/regles-de-deontologie/developpement-durable/ (FR)

The full code is linked immediately below; core articles are shown below under the General tab

https://www.arpp.org/nous-consulter/regles/regles-de-deontologie/portrayal-and-respect-of-the-human-b%c2%adeings-code/ (EN)

Here in French:

https://www.arpp.org/nous-consulter/regles/regles-de-deontologie/image-et-respect-de-la-personne/

The full code is in English here:

https://www.arpp.org/nous-consulter/regles/regles-de-deontologie/notes-and-overlays-code/

And in French here:

https://www.arpp.org/nous-consulter/regles/regles-de-deontologie/mentions-et-renvois/

This code is particularly relevant because of the legal requirement to state when a shot has been re-touched (the PHC article L2133-2 (EN) on model shots, which rmust include a declaration in the advertising ‘Photographie retouchée’.) The code includes guidelines/ rules by channel

Only the conclusion is translated below:

On the basis of the preceding observations, the Council considers it necessary to modify in the ARPP Human Image Code (see below), provisions relating to nudity by way of the following guidelines. The representation of naked bodies is unacceptable in advertising in the event that its objective or effect, in particular as a result of its demeaning nature, is to undermine the ‘dignity of the human being’, an expression taken to mean in its wider context as ‘by definition to compromise a person’s identity or integrity’. No single or objective criterion will suffice for analysis of this potential undermining of dignity. On the contrary, all of the elements that shed light on the content of the message in question and the perception of the public(s) - those affected or likely to be affected - should be looked at in an analysis of multiple criteria. Among these various elements, particular attention will be paid to:

• Relevance: is the naked body related to the product (or service) or to the issue that is the subject of the advertising
• Meaning: with regard to a person’s dignity, can the depiction of the naked body be considered degrading, humiliating, demeaning or alienating
• Perception: how is the depiction of the naked body - depending on the place, time or context of the advertising - felt by the audience(s) to whom the message is sent, or that the message may affect, including unexpectedly or unintentionally

Adopted at a meeting of the CEP of June 30, 2011

CEP opinion

https://www.cep-pub.org/avis/avis-cep-image-corps-publicite/ (FR)

• Consumer protection legislation in the context of marketing communications content is provided by the Consumer Code (EN), which transposes the Unfair Commercial Practices Directive 2005/29/EC. The Code, which should be observed by all sectors in all media, covers all forms of misleading, unfair and aggressive marketing and advertising practices. Full information is under the General tab below

• Additionally, Decree 92-280 of 27 March 1992 (EN) transposes Directive 2010/13/EU (the AVMS Directive), providing content rules specific to broadcast. These are shown either in the linked file, or under TV and Radio in the following channel section C

• Directive 2018/1808 extended the scope of the AVMSD into e.g. video-sharing platforms. Ordinance 2020-1642 of 21 December 2020 (FR) transposed by amending the Leotard law. Commercial communications’ content elements of the Directive’s changes, which are not significant, are shown here (EN)

Models in advertising

• The PHC article L2133-2 on retouched model shots must include a declaration in the advertising ‘Photographie retouchée’. The accompanying Decree 2017-738 of May 4, 2017 (FR) requires that execution is accessible, clearly distinguished and visible. The ARPP Notes and Overlays Code (EN) should be observed in this context. The rule applies to all advertising

4. COSMETICS EUROPE

Cosmetics Europe Charter and Guiding Principles on Responsible Advertising and Marketing Communication (2020 version)

Cosmetics Europe is a particularly active and respected trade association. Its ‘Guiding Principles on Responsible Advertising and Marketing Communication’, linked above, recognises and reflects both self-regulatory (in the form of the iCC Code) and legislative influences such as the Directive 2005/29/EC on Unfair Commercial Practices and the Directive 2006/114/EC on Misleading and Comparative Advertising as well as the Cosmetics Product Regulation 1223/2009. See also CE's Compendium of applicable legislation, self-regulation, best practices and guidance, which does what it says on the jar.

The great majority of major advertisers will be members of the CE (members list here); therefore it’s a good idea at minimum to be aware of this code

SECTION B CONTENT RULES

• All advertising, in all media, must be in French (Loi Toubon). Exceptions are allowed for commonly used product names and well-known foreign specialties, for protected foreign names, expressions that are commonly used, as well as corporate names, commercial names or signage. Trademarks can be used without being translated. However, messages that have been registered with the trademark must be translated if they inform the consumer about a characteristic of the product
• The core of the marcoms content rules in France is the ICC Code (EN 2024), applied in its French version (2024 translation) by ARPP. Around this, the regulator has created a number of specific proprietary codes on subjects of particular national import. As the ICC code also covers those issues more generally, we show both sets of rules as both apply. This makes for a rather lengthy and complex presentation, for which apologies (on behalf of the French)

• The 2024 ICC Code is subject to consultation in France, as it represents the 'base' of some 31 ARPP recommendations. Planned completion Summer 2025; formal launch (and translation) of the code scheduled for November 4th. Meanwhile, copy advice is already deploying the 2024 version

• Per above, France has a lot of rules, so this section is longer than most. To help navigate it, some text is 'anchored' and linked to respective headings immediately below

1. SELF-REGULATION: GENERAL & SPECIFIC RULES

1.1. The ICC Code: key extracts 

1.2. Portrayal of people

1.3. Sustainability

1.4. Safety Code

1.5. Pricing: ARPP Code

1.6. Notes and overlays/ titles

1.7. Online channel/ digital

2. LEGISLATION IN FRENCH ADVERTISING

2.1. Invitation to purchase

2.2. Comparative advertising

2.3. Pricing regulations

2.4. Carbon claims

2.5. Other 'green' claims 

2.6. Broadcast content rules

2.7. Model shots

1. SELF-REGULATION: GENERAL & SPECIFIC RULES

1.1. The ICC Advertising and Marketing Communications Code 

Some key extracts from the ICC Code in English are set out below; 2024 amends shown in italics

To avoid great length, we show only the most commonly applied articles and some new ones 

• All marketing communications should be legal, decent, honest and truthful;
• All marketing communications should be prepared with a due sense of social, environmental and professional responsibility and should conform to the principles of fair competition, as generally accepted in business;
• No communication should be such as to impair public confidence in marketing.
• No communication should in the content and manner made undermine the public’s trust and confidence in marketing communications.

• Marketing communications should respect human dignity and should not incite or condone any form of discrimination, including that based upon ethnic or national origin, religion, gender, age, disability or sexual orientation;
• Marketing communications should respect human dignity and should not incite or condone any form of discrimination, including that based upon ethnic or national origin, religion, gender, age, physical attributes, mental health, disability, or sexual orientation. Marketers are encouraged to be mindful of diversity and inclusion (see ICC guidance on diversity and inclusion in advertising, 2023) and seek to avoid stereotypes and objectification. Explanation Stereotyping is the practice of referring to or playing on an oversimplified and untrue notion of a particular group, sometimes employing archetypal traits. Objectification means representing people not as persons or individuals but as objects of sexual or other templating character.
• No marketing communication should be associated with corrupt practices (See ICC Rules on Combatting Corruption which defines in Part 1 “Corruption” or “Corrupt Practice(s)” as used in these rules shall include bribery, extortion or solicitation, trading in influence and laundering the proceeds of these practices) of any kind.
   Marketers should take due account of the ICC Rules on Combating Corruption and other ICC anti-corruption tools 
  ​

Marketing communications should not:

• without justifiable reason play on fear or exploit misfortune or suffering;
• appear to condone or incite violent, unlawful anti-social behavior or animal abuse;
• appear to encourage or condone irresponsible use or harmful behaviour;
• play on superstition;
• marketing communications should not appear to condone or encourage actions which contravene the law, self-regulatory codes or generally accepted standards concerning climate change, sustainable and environmentally responsible behaviour;
• they should respect the principles set out in Chapter D on environmental claims in marketing communications and be mindful of the ICC Framework for Responsible Environmental Marketing Communications.

• Marketing communications should not contain statements or audio or visual treatments which offend standards of decency currently prevailing in the country and culture concerned.
• Marketing communications should not contain anything which offends standards of decency currently prevailing in the country and culture concerned and strive to respect social norms and tradition;
• Marketing communications should not incite or condone hate speech by using elements associated to it, such as false testimonials or endorsements, conspiracy theories, or other means to circulate harmful content.

• Marketing communications should be so framed as not to abuse the trust of consumers or exploit their lack of experience or knowledge;
• Relevant factors likely to affect consumers’ decisions should be communicated in such a way and at such a time that consumers can take them into account.
• Marketing communications should be structured in a way that does not take advantage of consumer trust or exploit their inexperience or limited understanding;
• Relevant factors that can affect consumers’ decisions should be communicated in a manner and at a time that allows them to consider them effectively;
• High-pressure marketing tactics which might be construed as harassment or hamper consumer choice, should not be used;
• Marketing communications should not abuse the trust of consumers by using deceptive practices or spreading disinformation using elements such as false testimonials or endorsements, conspiracy theories, such as bait and switch or clickbait. Nor should they knowingly support, engage in, facilitate or fund illegal activities. See ICC Statement on Misplaced Digital Ads.

• Chapters from the Code are Sales Promotion (A), Sponsorship (B), Direct Marketing and Digital Marketing Communications (C), Environmental Claims in Marketing Communication (D) and Children and Teens (E)
• Where the rules are channel-related, i.e. more about placement than content, they are shown or referenced in our following channel section C

The full code is here in English

And here in French

Advertising must respect, no matter its form, the following principles:

1. Dignity and decency

• Advertising must not be offensive, harmful, provocative or shocking by displaying images of human beings that offend their dignity or decency (Art. 1.1)
• When nudity is used in an advertisement, it must not be degrading or alienating and must not reduce human to object (Art.1.2)
• Any degrading or humiliating representation of human beings, in an explicit or implicit way, is prohibited, notably by the use of words, attitudes, postures, gestures, sounds, etc., that are detrimental to human dignity (Art. 1.3)

2. Stereotypes

• Advertising must not reduce human beings, and especially women, to the role of an object (Art. 2.1)

• Advertising must not condone the idea of inferiority of a person because of their gender, origin, belonging to a social group, sexual orientation or sexual identity, or any other criteria, notably by reducing the person’s role or responsibilities in society (Art. 2.1)
• Advertising must not encourage, even indirectly, exclusion, or sexist, or intolerant feelings or behaviours (Art 2.3)

3. Ethnic or religious references 

• Advertising must pay particular attention to avoid making any reference, even indirectly, to racism or sectarianism (Art. 3.1)
• Any allusion, even humouristic, to a pejorative aspect or inferiority because of the belonging to an ethnic group or a religion is prohibited (Art.3.2)
• Expression of stereotypes concerning ethnic groups, religious groups, etc., must be done with a high level of precaution (Art. 3.3)
• Concerning actual religious references, rituals and Holy Scriptures should not be used in a way to ridicule or shock believers (Art. 3.4)

4. Submission, dependence, violence 

• Advertising must not induce ideas of submission or dependence depreciating human beings, and especially women (Art. 4.1)
• Any complacent presentation of domination and/ or exploitation of one person by another is forbidden (Art. 4.2)
• Advertising must avoid all scenes of violence, direct or suggested, and must not encourage moral or physical violence. The notion of violence covers, at least, all illegal acts punishable by law (Art. 4.3)
• Direct violence is the presentation of violent acts themselves. Suggested violence is conveyed by an atmosphere, a situation or a result of a violent act. Moral violence notably includes behaviours of domination and harassment (moral or sexual) (Art. 4.4)
• Advertising must not, under any circumstances, trivialise violence through its messages, statements and presentations (Art. 4.5)

5. Image and other human characteristics

•  “Marketing communications should not portray or refer to any persons, whether in a private or a public capacity, unless prior permission has been obtained” Article 14-1, ICC Code (Art.5.1)
• It is forbidden to present a person in an advertisement by using either a voice double or image double without prior authorisation of the person or his beneciariesti (sic.) 5.2

1.5. Sustainability

See also the 2021 legislation under point 2 below 

The full ARPP code is here in English and here in French

• The code was amended in April 2020, in force August. More recently, a video presentation of the code was published (in French, with English sub-titles). The changes, shown here (EN), are primarily to article 1 (formerly 9) and not hugely significant, though all new clauses should be read with care. In particular, there’s a ‘tweak’ to the clause related to cars in the environment. See article 1.1 (e) below  
• Extracted below are the key clauses of the 2020 code. For scope, definitions etc. refer back to the code linked above
• Note: without further specifications, the rules below pertain to the overall issue of sustainable development. When the rules apply only to the environmental component of sustainable development, it is specified as such
• In addition to specific French and Community legislation, these advertisements need, no matter what form they take, to comply with the International Chamber of Commerce Advertising and Marketing Communications Code  (EN 2024) and the principles enshrined in Chapter D ‘Environmental Claims in Marketing Communications’ of the same Code) and with the following ethical rules:

1. Eco-citizen impacts 

• Advertising must take place in a context of social responsibility by taking into account, in particular, the sensitivity of the social community at a given time and the context in which the advertising is disseminated
• Without referring to the concept of sustainable development or any of its components, an advertisement must avoid conveying a message contrary to the commonly accepted principles of sustainable development. In this spirit:

• 1.1 Advertising must prohibit any representation likely to trivialize or promote practices or ideas contrary to the objectives of sustainable development. By way of example:

1. Advertising must ban any evocation or representation of behaviour contrary to the protection of the environment and the preservation of natural resources (waste or degradation of natural resources, damage to biodiversity, air, water or soil pollution, climate change, etc.), except in the case of denunciation
2. Advertising may not directly or indirectly incite excessive consumption patterns or patterns contrary to the principles of the circular economy. In this respect, it must not encourage waste through the scrapping of a product or its degradation while it is still working and/or remains consumable, without taking into account – where possible – its durability, reuse, second life or recycling
3. Advertising must avoid, in its discourse, minimizing the consequences of the consumption of products that may affect the environment
4. Advertising must prohibit any representation or evocation of behaviour contrary to the recycling of products or their specific method of treatment
5. The representation of a motor vehicle on a natural area is prohibited. On the other hand, its representation on a public or private road or area open to traffic, recognizable as such and clearly distinguished from the natural area is permitted (amended from the clause in the previous code, which read: The representation, in any form whatsoever, of motor vehicles in a natural environment should clearly position them on roads open to traffic)
6. advertising must not appear to endorse working conditions which are contrary to social and human rights. For this reason, advertisements which appear to condone child labour, any form of discrimination, moral harassment, insufficient health and safety conditions are excluded
7. Advertising must prohibit all statements or visual representations likely to generate irrational or unfounded fears

• 1.2 Advertising must not discredit the principles and objectives, as well as advice or solutions, commonly accepted with regard to sustainable development. Advertising shall not detract from the purpose of environmental protection messages or measures taken in this area

2. Truthfulness of actions 

• 2.1 Advertisements must not mislead the public about the actual actions of the advertiser or the properties of its products in terms of sustainable development 
• 2.2 The actions of advertisers and the properties of their products in this area should be significant before a claim can be made 
• 2.3 The advertiser must be able to support its sustainable development claims by means of evidence that is reliable, objective and verifiable at the time of advertising. For any message based on a scientific claim, the advertiser must be able to present the origin of the findings and methodology used for the calculation. Advertisements may not resort to demonstrations or scientific conclusions that do not conform to generally approved scientific findings 
• 2.4 Advertisements cannot make a general sustainable development claim if the commitment of the advertiser does not cumulatively include the three pillars of sustainable development (see below) 

The three pillars

For businesses, sustainable development means in this sense to balance the following three pillars:

• Environmental: impact of activities on the environment
• Social/ societal: working conditions of employees, information policies, training, remuneration, subcontracting, existence and quality of relations with civil society, public health, etc.
• Economic: relations with customers, suppliers, shareholders, etc.

3. Proportionality of messages 

• 3.1 The advertisement must accurately express the action of the advertiser or the properties of its products, in accordance with the available and communicable evidence (*the term ‘and communicable’ is an amend/ addition to this article).The reality of these actions or properties may be assessed in the light of the different pillars of sustainable development, the different types of impacts and the various stages of a product's life-cycle 
• 3.2 The advertising message must be commensurate with the scale of the advertiser’s action(s) in terms of sustainable development and the properties of the product(s) he/ she is promoting 
• 3.3 In particular:

a. The advertisement should not be presented in such a way as to imply that it relates to more pillars of sustainable development, more stages of a product's life-cycle or more impacts than can be justified by the evidence;

b. The message should not unduly suggest a total lack of negative impact;

c. The presentation of action(s), product(s) at an experimental or project stage (prototype, R & D, investment ...) must be clearly presented as such and their scope should not be exaggerated 

4. Clarity/ qualifications of messages 

• 4.1 The advertiser should add clear background information in the advertisement about the qualities the advertised activities or products claim to have 
• 4.2 If the argumentation is only valid in a particular context, it should be presented clearly as such 
• 4.3 When an explanation is necessary, it must be clear, legible or audible, and thus meeting the requirements of the Terms and References Code of the ARPP 
• 4.4 In cases where this explanation is too long to be included in the advertisement, essential information must be included, together with a reference to some means of communication allowing the general public to obtain further information 
• 4.5 Any messaging within an advertisement based on a scientific study must indicate the source 
• 4.6 Any argumentation about a decrease of a negative impact or an increase of efficiency must be precise and accompanied by detailed figures, indicating the basis for the comparison 

5. Loyalty

• 5.1 The advertising must not attribute exclusive virtues in terms of sustainable development to a product or an advertiser when competitor products or competitors have similar properties 
• 5.2 An advertiser cannot claim that certain actions are exclusive to it if they are imposed on all by existing regulation. This does not rule out the possibility for an advertisement, for pedagogical purposes, to inform about the existence of regulation in order to promote its implementation 
• 5.3 An advertisement should not unduly create a link between general corporate actions of an advertiser concerning sustainable development and the properties of a product 
• 5.4 Concerning ecological claims:

a. An environmental claim should not emphasise the absence of a component, ingredient, characteristic, or impact (typified by formulations such as "without ...“, or "no …", or "…-free") that never affected the family of products or activities presented by the advertisement;

b. A claim that a product does not contain an ingredient or a specific component (typified by formulations such as "without …“, or "no …", or "…-free") should be used only in line with the rules of the competent authorities that define the maximum thresholds, or, failing that, under the conditions laid down in ISO 14021

c. A reduction of a negative impact should not be presented as a direct “recovery” of natural ecosystems

6. Signs, labels, logos, symbols, self-statements 

• 6.1 Signs or symbols may be used only if their origin is clearly indicated and if there is no likelihood of confusion about their meaning. Further explanations regarding the meaning of these symbols should be made according to the conditions set by article 3.4 of this text 
• 6.2 These signs should not be used in ways that suggest unfounded official approval or certification by a third party 
• 6.3 The advertisement must not attribute a higher value to any signs, logos or symbols used in the ad than they actually have 
• 6.4 The use of logos of associations, foundations or any other body should not create a misleading link between the partnership with these bodies and the properties of the product(s) or the action(s) presented 

7. Vocabulary

• 7.1 The terms and expressions used must not mislead the public about the nature and scope of the product's properties or the advertiser’s actions in terms of sustainable development 
• 7.2 When the terms and expressions used are already defined by a standard, they must be employed in a way that fits this definition 
• 7.3 Where it would be impossible to justify general formulations (e.g., ecological, green, ethical, accountable, to preserve, fair, sustainable, etc.), advertising must make these claims relative by using formulations such as "helps to…" 
• 7.4 Words, phrases or prefixes used must not unduly reflect a lack of negative impact of the product or activity of the advertiser 
• 7.5 Technical vocabulary, scientific or legal, may be used if it is appropriate and used in a way that can be readily understood by those to whom the message is directed 

8. Visual or audible elements in an ad

• 8.1 The visual or sound elements in an ad should be used in a manner proportionate to the ecological argumentation of the ad and the evidence that supports it.
• 8.2 They should not be used in a way that suggests a guarantee of safety if this cannot be justified.
• 8.3 Without excluding their use, the use of natural elements or evoking nature must not mislead the consumer about the environmental properties of the product or the actions of the advertiser.
• 8.4 When an advertisement uses an environmental claim, it cannot assimilate directly a product that has a negative environmental impact to a natural element (e.g. a car like an animal, a plane covered in plants, etc.)

9. Complex systems 

Some recognised systems may be based on highly technical argumentations or complex schemes, whose benefits in terms of sustainable development are indirect (e.g., systems known as “green electricity”, “carbon offset”, “socially responsible investments”, etc.). When an advertisement refers to these types of systems:

• 9.1 It should take care not to mislead the public about the true scope of the mechanism 
• 9.2 If it uses simplified language for educational purposes it must provide the public with the necessary explanations, as per the conditions defined in article 3-4 of this Code 
• 9.3 The advantage of using systems to indirectly compensate the negative impact of a product or an activity should not be referred to in the ad as being a direct quality of the product or activity

Additional ICC guidance

• The ICC Framework for Responsible Environmental Marketing Communications (EN) published November 2021 provides 'added guidance on some established environmental claims and additional guidance on some emerging claims'. Appendix I carries an Environmental Claims checklist

1.4. Safety

Safety Code: Dangerous Behaviours and Situations (EN) 

Context

Marketing communications should not, without justification on educational or social grounds, contain any visual portrayal or any description of potentially dangerous practices, or situations which show a disregard for safety or health, as defined by local national standards…. Children should be shown to be under adult supervision whenever a product or an activity involves a safety risk. ICC Code, Article 21

(…)  Children and teens should not be portrayed in unsafe situations or engaging in actions harmful to themselves or others, or be encouraged to engage in potentially hazardous activities or inappropriate behaviour in light of the expected physical and mental capabilities of the target demographic. ICC Code, Article 18.3 Avoidance of harm (Note - this article not in the 2024 code; see article 20, Children and Teens under General Principles and Chapter E for more 

The following rules must be respected in all commercial communications, in addition to law and regulation applicable to dangerous objects, products or behaviours:

1. General principles 

Commercial communications must not show dangerous or potentially dangerous behaviours or situations and must not encourage engagement in such behaviours and/ or situations:

• Whether or not they are associated with the use of a product or an object
• Whether or not the object or product is dangerous

The different cases must be assessed regarding the context of the advertisement, the persons presented, the graphic design used, the artistic world reproduced and the public targeted

Specific context

Certain dangerous behaviours can nevertheless be accepted, for example:

• The presentation of a professional athlete or a sportsman, practicing his sport or his discipline, and identified as such in the advertisement
• The presentation of figurines or imaginary characters;
• The presentation of an unrealistic or clearly absurd context, making the behaviour impossible to replicate in real life;
• The total or partial reproduction of a work, in the context of its promotion or exploitation (movies, series, documentary, reports, etc.)

2. Particular cases: children

• Particular attention must be given to scenes portraying children or advertisements targeting children. The presence of a supervising adult can reduce the potentially dangerous nature of a presented situation.
• Promotion of safety or health: If one of the assertive goals of the advertisement is to promote safety or health, it can be legitimate to show a dangerous situation or behaviour in order to condemn it. The denunciation of a dangerous behaviour or situation must be unambiguous, in order not to lead to the opposite result,

1.5. Pricing

The ARPP code is in French here

An ARPP English translation is here; key clauses below and in individual channels in the following section C

• The price must be legible in normal reading conditions. Characters used must be:

• Of a sufficient size
• Normally spaced apart
• In a font allowing an easy reading (without it being necessarily consistent throughout the advertising)
• In a colour that contrasts with the background colour of the advertising, for instance, avoiding a light colour against a light background

• When a sign accompanies the price and is used to make a reference to a related remark, the size of this sign next to the price must be large enough to be always legible under normal reading conditions (1.1)
• The intelligibility of the price implies to use of a wording allowing the consumer to understand it without difficulty and in a non-erroneous way (1.2)
• Thus, the presentation of the price (s) must allow the consumer: to link the price (s) presented with the product or service he / she will benefit for this amount of money, and to know whether there are conditions or restrictions (1.2)
• When several prizes (prices) appear in the same advertisement, it is always possible to highlight one of these prices. In order to do so, the different prices may be presented with different font sizes, provided that they comply with the aforementioned principles of legibility, intelligibility, clarity and transparency (3.1)
• The presentation of several prizes in an advertisement should not lead to any ambiguity for the consumer as to the relationship between the prices and the products or services to which they correspond (3.1)
• The ‘TTC’ price (i.e. including taxes) must be included in advertisements targeted to consumers. When the price excluding tax is also indicated, the ‘TTC’ price shall not be less readable than the ‘HT’ (excluding taxes) price - in terms of font size, contrast, duration of exposure on the screen or positioning in the advertising (3.2)
• In the case of an advertisement indicating a price  ‘starting from’, the price of the product or products represented must be perfectly legible and easily identifiable by the use by any appropriate means (character size, character colour, location, use of bold type, underlining etc. (3.6)

1.6. Notes and overlays/ titles

The full code is in English here

And in French here

• We have not extracted the code here as it’s quite extended and fragmented
• Section II shows specific rules concerning notes linked to a price; see links above  
• Where rules are channel-specific we have included them in the relevant channel under Section C

1.7. Online Channel/ Digital

ARPP’S 2021/22 Digital Advertising and Marketing Communications Code (V5) in French here

And in English here

The code was announced in December 2021, in force January 1, 2022; key changes are shown in the press release here in English. The code covers inter alia Identification, Protection of children and teenagers, Compliance with good societal practice, User-generated content and 'Comfort of use.' It includes a list of applications which provides guidelines by channel/ techniques such as Promotional blogs/ Influencers, Native advertising, Behavioural advertising and retargeting, In-game advertising and Apps. As the code largely relates to channel issues, it is spelt out in the relevant sections in that section (C) below

See also Chapter C Direct Marketing and Digital Marketing Communications of the 2024 ICC Advertising and Marketing Communications Code, on whose principles the ARPP code above is based

2. LEGISLATION IN FRENCH ADVERTISING

The Consumer Code (CC; FR)

Key clauses in English here

The Consumer Code (CC), English translation of key clauses linked above, is the core legislation in business-to-consumer commercial communications, and the home of transposition of the Unfair Commercial Practices Directive 2005/29/EC. While many of the CC’s communication requirements will be reflected in self-regulation, it’s as well to be aware of the legal context. There are three relevant components below, but meanwhile the 'Climate and Resilience Law' (Law 2021-1104 of August 22, 2021 - FR; art 10) incorporated specific reference to environmental impact under article L121-2 of the CC. Clauses in English from the linked document above

2.1. Invitation to purchase

If your ad or ‘commercial communication’ constitutes an ‘invitation to purchase’ - defined as “indicating characteristics of the product and the price in a way appropriate to the means of the commercial communication used, and thereby enables the consumer to make a purchase” - article L121-3 of the Consumer Code requires that the following must be included:

1. The main characteristics of the good or service
2. The address and the identity of the trader
3. The price, including tax and delivery costs that will be charged to the consumer, or, if this cannot be calculated in advance, the method of calculation used
4. The arrangements for payment, delivery, performance and handling of consumer complaints, when they differ from those established in the professional sector concerned
5. The existence of a right of withdrawal, should this be provided for by law

Guidance from the EC here (December 2021)

2.2 Comparative advertising

Les conditions juridiques de la mise en place d’une publicité comparative from Novagraaf July 25, 2024 sets out the issues for comparative advertising, referencing case law and the relevant clauses from the Consumer Code, shown below 

Article L122-1

Any advertising that makes a comparison between goods or services by identifying, implicitly or explicitly, a competitor or goods and services offered by a competitor is only legal if:

1. It is not false or likely to mislead

2.  It relates to goods or services fulfilling the same requirements or having the same objective

3. It objectively compares one or more essential, pertinent, verifiable and representative characteristics of these goods or services, one of which may be the price

Article L122-2 Comparative advertising may not:

1. Take unfair advantage of the reputation attached to a trademark, manufacturer’s brand or service mark, to a trade name or to other distinctive marks of a competitor or to the designation of origin as well as the protected geographical reference of a competing product

2. Lead to the discrediting or denigration of marks, trade names, other distinctive signs, goods, services, activity or situation of a competitor

3. Cause confusion between the advertiser and a competitor or between the advertiser’s marks, trade names, other distinctive signs, goods or services and those of a competitor

4. Present goods or services as an imitation or reproduction of goods or services with a protected mark or trade name

• For products with a protected designation of origin or geographical reference, comparison is only authorised between products with the same reference or designation of origin (Art. L122-3)
• The display of comparative statements as defined in articles L.122-1 and L.122-2 on packages, invoices, travel tickets, means of payment or tickets giving access to shows or sites open to the public is prohibited (Art. L122-4)

• The advertiser on whose behalf the comparative advertising is being circulated must be in a position to prove, within a short time, the factual accuracy of the statements, references and presentations contained in the advertising (Art. L122-5)

• The publication in the press of advertising as defined in articles L. 122-1 and L 122-2 does not give rise to the application of article 13 of the law of 29 July 1881 in the freedom of the press and article 6 of law no. 82-652 du 29 July 1982 on audiovisual communication (Art. L122-6)

2.3. Pricing regulations

Pricing regulation is from a number of sources in law; below are the most relevant:

• The Consumer Code (FR/ EN) articles L112-1 to L112-4 and articles L121-2 and L121-3, the latter in the context of an invitation to purchase and transposing UCPD 2005/29/EC requirements in that respect; see 2.1 above. Article L121-4 points 5 to 7 carries promotional pricing rules (see also point below)
• Article L112-1-1 effective May 28, 2022 carries the promotional pricing rules transposed from the Directive 2019/2161 which in turn amended the Product Pricing Directive 98/6/EC. The Directive's article is here; Commission guidance on the application of the article here
• Decree of 16 November 1999 (FR) on advertising to the consumer of the selling price per unit of measurement of certain pre-packed products. This Decree transposes the Product Pricing Directive 98/6/EC. While this legislation seems most suited to ‘goods on shelves’ as it requires unit prices (the selling price, including VAT and all other taxes, for one kilogramme, one litre, one metre etc.), the Directive was used as the basis for a significant ECJ judgement on car pricing in advertising. We can't trace in the French legislation an important definition for 'selling price'. That term is defined in the Directive as 'the final price for a unit of the product, or a given quantity of the product, including VAT and all other taxes.' The issue here is the inclusion of 'the unavoidable and foreseeable components of the price, components that are necessarily payable by the consumer and constitute the pecuniary consideration for the acquisition of the product concerned.' (from the Judgement linked, pt. 37). 
• The DGCCRF (the competition/ markets authority) published in December 2018 Information on Prices (L’information sur les prix) which brings together a number of sources of rules

See also pricing from self-regulatory measures shown in full under point 1 above

ARPP Price Advertising Recommendations (FR)

An English translation is linked below; key clauses above under Pt. 1.7 and in individual channels

http://www.g-regs.com/downloads/FRARPPPriceClausesC.pdf

The Climate and Resilience Law (FR) introduced via Decree 2022-539 of April 13, 2022 (FR) on carbon offsetting and carbon neutrality claims in advertising a new Section 9 in the French Environmental Code. The clauses concerned are in English here. These require substantial evidence to be made available in the event of a 'carbon neutral' or equivalent statement being made

Environmental claims are highly sensitive territory in most markets and especially in France. Both the self-regulatory body and the statutory authorities are très chaud on the issue

• In addition to the above section on carbon and associated claims, there are other significant environmental information measures aimed at 'waste-generating' products, which include a ban on terms such as 'environmentally friendly' or 'biodegradable' on products and packaging; details to be developed via decree in the coming months; see Better consumer information on the environmental qualities of products from Bird&Bird June 2022, Decree 2022-748 here (FR)
• The Consumer Code (CC) - principal legislation in advertising content and incorporating transposition of the Unfair Commercial Practices Directive 2005/29/EC - was amended by the 'Climate and Resilience Law' (Law 2021-1104 of August 22, 2021 - FR; art 10) to include specific reference to environmental impact under CC article L121-2, which sets out how a product or service's 'essential characteristics' must not mislead. The full article can be found here in English and the Consumer Code is here in French
• There are two further directives on their way into national law: 1. The 'Empco' Directive 2024/825, full title and directive here, which was in force from March 2024, meaning that member states have until September 2026 to implement, though we suspect France will implement quickly. Basically, the Directive is an amendment of the UCPD: New environmentally-specific clauses are added to the 'blacklist' and e.g self-certification is banned. There's a good summary here from Taylor Wessing
• 2. The Green Claims Directive. The Commission pages on the proposed new law, which has new requirements for substantiation and verification of green claims, are here. The European Parliament is expected to reach final agreement before the end of 2024; there's likely to be an extended implementation period. A good June 2024 summary here from Freshfields Bruckhaus Deringer 
• See also the Practical guide to environmental claims (FR) published by DGCCRF (General Directorate for Competition Policy, Consumer Affairs and Fraud Control) and the Consumer Council May 25, 2023

   

2.6. General content rules in broadcast

From the consolidated version of Decree 92-280 of 27 March 1992 (EN) transposing Directive 2010/13/EU (the AVMS Directive, AVMSD)

Directive 2018/1808 amended the AVMSD to extend scope into e.g. video-sharing platforms. Provisions are applied in Law 86-1067 of September 30 1986 (the Léotard law) in French here. The commercial communications content elements of the directive’s changes, which are not significant, are shown here (EN). What is significant, however, is the pressure placed on self-regulatory systems with the addition of article 4a (shown in the linked file), which appears to require a more aggressive stance in HFSS and alcohol marcoms regulation in particular

• Advertising must comply with the requirements of truthfulness, decency and respect for the dignity of the human person. Advertising may not undermine the good name of the state (Art. 3)
• Advertising must be free from discrimination concerning race, gender, nationality, disability, age or sexual orientation; of any violent scenes and any incitement to behaviour prejudicial to health or safety of people and property, or protection of the environment (Art. 4)
• Advertisements should not contain any element likely to offend viewers’ religious, philosophical or political beliefs (Art. 5)
• Advertising in any form whatsoever should be designed to respect the interests of the consumer. All publicity comprising false or misleading claims, statements or presentations is prohibited (Art. 6)
• Advertising must not cause moral or physical detriment to minors. To this end, it must not:

1. Directly encourage minors to buy a product or service by exploiting their inexperience or credulity

2. Directly encourage minors to persuade their parents or others to purchase the goods or services

3. Exploit or alter the special trust minors place in parents, teachers or other persons

4. Without justification show minors in dangerous situations (Art. 7)

• There are some sector prohibitions in broadcast shown here (EN)

2.7. Model shots

Public Health Code article L2133-2 (EN) on retouched model shots: these must include a declaration in the advertising ‘Photographie retouchée’. The accompanying Decree 2017-738 of May 4, 2017 (FR) requires that execution is accessible, clearly distinguished and visible. The ARPP Notes and Overlays Code (EN) should be observed in this context. The rule applies to all advertising.

SECTION B CONTENT RULES

1. SELF-REGULATION; the 2024 ICC Code

1.1. General provisions

2. THE LAW 

2.1. General provisions from the Unfair Commercial Practices Directive  (UCPD)
2.2 Specific pricing measures 
2.2.1. Directive 98/6/EC - the Product Price Directive
2.2.2. Extracts from UCPD

2.3. The AVMS Directive 

2.4. The Empco Directive 

2.5. The Green Claims Directive 

​
 

1.1 General provisions 

Basic principles (Art. 1)

• All marketing communications should be legal, decent, honest and truthful;
• All marketing communications should be prepared with a due sense of social, environmental and professional responsibility and should conform to the principles of fair competition, as generally accepted in business;
• No communication should be such as to impair public confidence in marketing.
• No communication should in the content and manner made undermine the public’s trust and confidence in marketing communications.

Social responsibility (Art. 2)

• Marketing communications should respect human dignity and should not incite or condone any form of discrimination, including that based upon ethnic or national origin, religion, gender, age, disability or sexual orientation;
• Marketing communications should respect human dignity and should not incite or condone any form of discrimination, including that based upon ethnic or national origin, religion, gender, age, physical attributes, mental health, disability, or sexual orientation. Marketers are encouraged to be mindful of diversity and inclusion (see ICC guidance on diversity and inclusion in advertising, 2023) and seek to avoid stereotypes and objectification. Explanation Stereotyping is the practice of referring to or playing on an oversimplified and untrue notion of a particular group, sometimes employing archetypal traits. Objectification means representing people not as persons or individuals but as objects of sexual or other templating character.
• No marketing communication should be associated with corrupt practices (See ICC Rules on Combatting Corruption which defines in Part 1 “Corruption” or “Corrupt Practice(s)” as used in these rules shall include bribery, extortion or solicitation, trading in influence and laundering the proceeds of these practices) of any kind.
   Marketers should take due account of the ICC Rules on Combating Corruption and other ICC anti-corruption tools 
  ​

Marketing communications should not:

• without justifiable reason play on fear or exploit misfortune or suffering;
• appear to condone or incite violent, unlawful anti-social behavior or animal abuse;
• appear to encourage or condone irresponsible use or harmful behaviour;
• play on superstition;
• marketing communications should not appear to condone or encourage actions which contravene the law, self-regulatory codes or generally accepted standards concerning climate change, sustainable and environmentally responsible behaviour;
• they should respect the principles set out in Chapter D on environmental claims in marketing communications and be mindful of the ICC Framework for Responsible Environmental Marketing Communications

Decency​ (Art. 3)

• Marketing communications should not contain statements or audio or visual treatments which offend standards of decency currently prevailing in the country and culture concerned.
• Marketing communications should not contain anything which offends standards of decency currently prevailing in the country and culture concerned and strive to respect social norms and tradition;
• Marketing communications should not incite or condone hate speech by using elements associated to it, such as false testimonials or endorsements, conspiracy theories, or other means to circulate harmful content

Honesty (Art. 4)

• Marketing communications should be so framed as not to abuse the trust of consumers or exploit their lack of experience or knowledge;
• Relevant factors likely to affect consumers’ decisions should be communicated in such a way and at such a time that consumers can take them into account.
• Marketing communications should be structured in a way that does not take advantage of consumer trust or exploit their inexperience or limited understanding;
• Relevant factors that can affect consumers’ decisions should be communicated in a manner and at a time that allows them to consider them effectively;
• High-pressure marketing tactics which might be construed as harassment or hamper consumer choice, should not be used;
• Marketing communications should not abuse the trust of consumers by using deceptive practices or spreading disinformation using elements such as false testimonials or endorsements, conspiracy theories, such as bait and switch or clickbait. Nor should they knowingly support, engage in, facilitate or fund illegal activities. See ICC Statement on Misplaced Digital Ads.