The actor José Garcia was sentenced on Friday by the Paris judicial court to 10,000 euros fine for illegal advertising of an alcoholic drink, for promoting the “Rosé Garcia”, a wine with his name and his effigy sold for a few years.
José Garcia “pleaded a form of naivety and good will”, but “he made the choice” to “make active promotion” of an alcoholic drink, according to the elements of the judgment.
In detail, estimated the 31st Correctional Chamber of the Tribunal, the actor cannot be sanctioned for having lent his name to the Rosé wine designed by the brand Les Niçois, owned by the company and then, for having accepted that his effigy appears on the bottles.
José Garcia violated the Evin law
On the other hand, by participating in a promotional video then broadcast in particular on the Neo.TV site, or via the Instagram account of the Nice brand, the actor renowned for his joviality violated the Evin law, which prohibits associating alcohol with a favorable or attractive framework, estimated the court.
The court also sentenced the company to 20,000 euros and then the designer of the incriminated rosé, and to 20,000 euros suspended from the general manager of and then.
The Neo.TV site is sentenced to a fine of 10,000 euros. The Vinalia online sales site is sentenced to a 5,000 euro suspended suspended, for having displayed, alongside the bottle, the texts associating the name and image of José Garcia with wine, and a link to the promotion video where the actor appears.
Addictions France plans to appeal
José Garcia is not known for his particular involvement in the wine sector, does not have the vineyards that gave the Garcia wine, and did not participate in the development of the latter, recalls the court.
Addictions France, the association to combat alcoholism and the addictions which launched the procedure, praised the condemnation of advertisements for the “rosé Garcia”. But she regretted that the court did not prohibit the use of the actor’s name and effigy on the bottles.
“Many packaging” of alcoholic beverages using the name of a celebrity “have already been declared illicit,” said Franck Lecas, in charge of the file in addictions France. The association will study the judgment, but it plans to appeal by relying in particular on the case law of the Court of Cassation, he said.