French Consumer Law is a comprehensive and comparative overview of French and EU law in this field, covering: advertising, unfair commercial practices, conditions for the validity of contracts, unfair terms, product conformity, latent defects, product safety.

French Consumer Law

Advertising for the distribution sector  was long prohibited by Article 8 of Decree No 92-280  before being liberalized by Decree No 2003-960. The authorization was first limited to cable and satellite channels, local channels and digital terrestrial channels (from January 1, 2004) and was then extended to national television services broadcast terrestrially (since 1 January 2007).
Although advert …

Advertising for the distribution sector

Advertising for the distribution sector  was long prohibited by Article 8 of Decree No 92-280  before being liberalized by Decree No 2003-960. The authorization was first limited to cable and satellite channels, local channels and digital terrestrial channels (from January 1, 2004) and was then extended to national television services broadcast terrestrially (since 1 January 2007).

Although advertising for the distribution sector is now permitted, that concerning “commercial promotional operations conducted entirely or mainly on the national territory” remains prohibited. However, this restriction does not apply to overseas departments, countries and territories .

Article 8 of Decree No 92-280 defines the concept of promotional commercial operation as “any offer of products or services made to consumers or any other organization of an event of an occasional or seasonal nature”. The occasional or seasonal character can be deduced:

-  from the prices and sales conditions announced;

-  from the significance of the stock offered for sale; or

-  from the nature, origin or special qualities of the products or services or accessory products or services offered.

To remove any doubt on the concepts of Article 8 likely to give rise to interpretation, the Professional Advertising Regulatory Authority (Autorité de régulation professionnelle de la publicité (ARPP)) adopted a recommendation on 8 June 2006 , which provides an interpretation of these concepts:

-  “Organization of an event": may be the organization of an event, a promotional operation by a game (games, contests and lotteries), or the exceptional opening of a store (e.g.: "open day” operation). However, the support of a distributor to a general interest event , provided that it is not accompanied by a promotional commercial operation in favor of the distributor, the opening of a new store or the announcement of the arrival of a product, is not considered a prohibited promotional commercial operation.

-  "Duration of the offer": means the occasional or seasonal nature of the offer, precise indications of period of validity, literal references (e.g.: the ..... day, the ..... week), or long-term but not permanent offers (e.g.: "valid certain days of the week").

-  “Announced prices and conditions of sale": promotional operations by price (e.g.: reduction and refund offers) and/or object (e.g.: sale with bonus) cannot be subject to television advertising. However, a price announcement is not considered unlawful if it is not promotional, i.e. if it is a normal, stable price, which "with the availability of the corresponding product or service, is lasting”. The CSA holds that the indication of prices in an advertisement from a distributor is lawful when this offer is not of an occasional or seasonal nature and the advertisement mentioning a price neither indicates nor suggests its period of validity . According to the ARPP, a reference period is 15 weeks of maintaining the advertised price and stocks available .

-  "Significance of the stock for sale": advertisements highlighting the existence of a limited stock or an operation based on the existence of a limited stock without any renewal of stock being planned, are unlawful advertisements .

-  "The nature, origin or special qualities of products or services": messages for shows or sporting events do not constitute a promotional commercial operation.

-  "Accessory products or services offered": although the advertising for permanent benefits offered by distributors (e.g.: accumulation of points on a loyalty card) is not considered a promotional advertising campaign, this is not the case for temporary benefits or services (e.g.: doubling of loyalty points).

The definition of a distribution company has also raised difficulties, particularly regarding those also engaged in a production activity. Indeed, classification as a production company enables the prohibition laid down in Article 8 of Decree No 92-280 to be circumvented and to disseminate advertising for a promotional commercial operation. The regulatory authority (formerly the CSA now Arcom) qualifies as production companies those “which are responsible for the initial design of the products marketed under their own brand, which control the entire production process and which achieve most of their overall turnover through the sale of these products” . In a circular letter on television advertising for websites , the CSA stated that the company that combines the activities of distributor and producer cannot, when it broadcasts a television advertisement for its website, refer to its distribution activity in the commercial. However,  Arcom authorizes television advertising relating to websites devoted to grouped purchases, price comparisons and classified ads and auctions between individuals, when they come from service providers, excluded as such from the definition of distribution company. Advertising for a website that only exists in itself, and whose name refers to no other existing brand, is also possible provided that the distribution activity developed is marginal .

Finally, television advertising for promotional commercial operations implemented by a private label is permissible, provided that it does not refer to the distributor or distribution circuit and that a supply of all interested competitors is possible .

 Within the meaning of the resale to end consumers of non-processed products.

 This prohibition led to widespread criticism because of the more favorable regime for the press and the difference established between supermarkets and small shops. The ban on television advertising for the distribution sector has nevertheless been declared compatible with the principle of the free movement of goods and the principle of equality: See Case C-412/93 Société d'Importation Edouard Leclerc-Siplec, Judgment of 9 February 1995, LawLex200900000745JBJ; Cons. d'Ét., 17 January 1990, LawLex200300003812JBJ. For an application of the prohibition prior to Decree No 2003-960, see CSA, February 23, 1995, imposing a financial penalty on T.L.T., LawLex200300001821JBJ: televised reports in shops presenting the products sold and the address and opening times, constituting surreptitious advertising and advertising in favor of the distribution sector that is prohibited.

 The marginal nature is determined in particular by the proportion of connections that the distribution activity generates in relation to the total number of connections.

 ARPP Recommendations on distribution and television advertising, accessible on the website of the union of advertisers (UDA) at the following address:  http://www.uda.fr/droit-et-deontologie/ deontologie/arpp/regles-deontologiques-arpp/distribution-et-publicite-televisee/

 Previously, the overseas terrirories were not covered by the ban on advertising in favor of the retail industry. This difference in treatment compared to mainland France was justified by the narrowness of the overseas advertising market, Cons. d'Ét., 29 June 1994, LawLex200300003872JBJ; 12 June 1998, LawLex200300003813JBJ.

 See ARPP Recommendations on distribution and television advertising, accessible on the website of the union of advertisers (UDA) at the following address: http:// www.uda.fr/droit-et-deontologie/deontologie/arpp/regles-deontologiques-arpp/ distribution-et-publicite-televisee/.

 A general interest event is defined by the ARPP as "an event of a philanthropic, educational, scientific, social, humanitarian, sporting, family or cultural nature or contributing to the development of the artistic heritage, defence of the natural environment or dissemination of French culture, language and scientific knowledge (concepts referred to by the Law of July 23, 1987 on the development of sponsorship).

 http://www.csa.fr/Juridical-area/Decisions-du-CSA/

Publicite-en-faveur-du-secteur-de-la-distribution-le-Conseil-ecrit-au-BVP.

CA Paris, 1 September 2021, LawLex202100005140JBJ, classifying the television advertising campaign of a distributor in favor of a product that turned out to be unavailable for sale online, only five days after the beginning of its commercialization, but also in stores, as prohibited advertising within the meaning of Article 8 of Decree No 92-280 as well as misleading advertising within the meaning of Article L. 121-4, 5° of the Consumer Code, which makes it misleading to offer to purchase products at a stated price without revealing the plausible reasons that the professional might have for thinking that he will not be able to supply the products himself or have another professional supply them or equivalent products at the stated price, for a period and in quantities that are reasonable in view of the product or service, the extent of the advertising for the product or service and the price offered.

Cass. com., 4 June 2025, LawLex202500004608JBJ.

 This definition is also enshrined by case law: see CA Paris, 22 June 1999, LawLex200300001588JBJ.

 Circular letter of 28 September 2000 on television advertising for websites, amended, regarding the sponsorship regime, by circular letter of 11 January 2001.

French Consumer Law

99. Advertising for the distribution sector

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99. Advertising for the distribution sector

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