Chapter III: Food, advertising and promotion

The obligation set out in Article L. 2133-2 applies to photographs of models for commercial use included in advertising messages disseminated, in particular, by billposting, by online public communication within the meaning of Article 1 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, in press publications within the meaning of Article 1 of Law No. 86-897 of 1 August 1986 reforming the legal status…

The “retouched photograph” provided for in Article L. 2133-2, which accompanies the commercial communication, is displayed in an accessible, easily legible and clearly differentiated manner from the advertising or promotional message. The presentation of the messages complies with the rules and customs of good practice defined by the profession, in particular by the professional advertising regulatory authority.

The advertiser shall ensure compliance with the obligations laid down in articles L. 2133-2, R. 2133-4 and R. 2133-5 of this Code. To this end, they ensure that the photographs for commercial use that they purchase directly or through various service providers have been modified or not by image processing software in order to refine or thicken the model’s figure.