list of contributors - GALA

4. Self-regulation
Topic: Can cigarettes be a part of history or does their image always constitute
prohibited indirect advertising?
Who: Bibliothèque Nationale de France
When: April 2005
Where: France
What Happened: A poster was created to promote an exhibition at the Bibliothèque Nationale de
France, relating to the French early 20 th century philosopher Jean-Paul Sartre.
The poster uses a famous picture of the philosopher, where the cigarette he
held between his fingers has been erased in order to avoid breaching the
provisions of the Loi Evin (see ad below).
It has been considered that this poster disguises the historical truth.
The BVP took this opportunity to remind the parties of the applicable
principles :
- the status of a picture, even though it is historical or artistic, changes as
soon as it is used for advertising purposes : it becomes advertising material ;
- the application of the Loi Evin is very strict and indirect advertising occurs
very easily ;
- for purposes of legal security, the BVP often advises that images showing
famous people be modified in order not to show their cigarette, cigar or pipe.
Comments: Advertisers seek above all to avoid problems and therefore take all necessary
steps to this purpose. However, one could wonder if such practices are not
excessive or absurd and if the spirit of the law requires such drastic
measures.