Wine Law

Wine Promotion Roner Fabris 1 Introduction; 1. Usual Rules for Communication; 2. Rules Communication Wines – Limits on Public Wine Promotion; 3. Rules Communication Wines; 3.1. Restrained wine promotion – main acceptable practices. Introduction When we promote wine, it is important to take into consideration that wine has a legal meaning. According to the Organisation Internationale de la Vigne et du Vin (OIV), wine is the beverage resulting exclusively from the partial or complete alcoholic fermentation of fresh grapes – crushed or not – or of grape must. Its actual alcohol content shall not be less than a volume of 8.5% 2 . Moreover, the definition of wine can change from country to country, with some countries having rules establishing that grapes must be mature and sound 3 and others introducing an upper level no more than 15% vol. of alcohol limit, like in Europe 4 . In general, the notion agreed at the OIV is acceptable in all countries. However, “wine” can also be a generic term in order to make reference to others products rather than “pure” wine. Legislations over several countries deal with fortified wines, wines from raisined grapes 5 or overripe grapes 6 , steal wine or effervescent and even countries that permit the use of the term “wine” to define “fruit wines”. In case we wish to promote those 1 Brazilian lawyer, partner of RGF Advogados Associados; PhD by Strasbourg University and Federal University of Rio Grande do Sul; member of several associations, as International Wine Law Association (IWLA). 2 International Code of Oenological Practices, OIV Code Sheet, Issue 2015/01. 3 85 FR 18721, 2 April 2020 - §4.21 TTB - 27 U.S.C. 205. 4 Regulation (EU) No 1308/2013 of The European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 – Annex VII, Part II – Categories of grape vine products. 5 For instance, Amarone dela Valpolicella. 6 For instance, Hugel&fils Gewurztraminer Vendanges Tardives.

RkJQdWJsaXNoZXIy NzgyNzEy