Wine Law

4 One suggested approach to resolve this issue is two-tiered: providing for laws that prevent abusive behaviour by corporations while simultaneously informing consumers and “nudging” them towards a pro-active and rational stance 8 . However, nudging is a delicate issue. Scholars have been divided on the most appropriate approach and debated on whether “authoritarian paternalism” was preferable to “libertarian paternalism” 9 . Indeed, on many occasions, consumers themselves have asked to be protected and guided by regulators 10 . While we could continue to illustrate the many implications of nudging and paternalism, given the scope of this work, we will instead concentrate on the solution followed by the European regulator (i.e. making “information” the focal point of consumer protection). Art. 169 of the Treaty on the Functioning of the European Union (TFEU) provides that: “(…) in order to promote the interests of consumers and to ensure a high level of consumer protection, the Union shall contribute to protecting the health, safety and economic interests of consumers, as well as to promoting their right to information, education and to organise themselves in order to safeguard their interests ”. The keywords here are protection , information and – possibly to a lesser extent – organisation . One could wonder if protection is instrumental to information, or vice- versa; however, the truth is that protection may seem to follow a stricter paternalistic approach, whereas information may act as a stimulus to consumers’ awareness that may ultimately lead the average consumer to be able to protect himself or herself. 8 R. H. T HALER – C. R. S UNSTEIN , Nudge. Improving Decisions about Health, Wealth and Happiness , New York, 2008; C. R. S UNSTEIN , Why nudge? , New Haven – London, 2014; & N. R ANGONE , Tools for Effective Law: A Focus on Nudge and Empowerment , in Conc. e Mercato, 2017. 9 The authoritarian paternalism approach assumes that consumers, being unable to behave rationally and to fully understand the implications and effects of their actions, should be prevented by law from making certain choices (G. D WORKIN , Paternalism , in AA.VV ., Paternalism , ed. by Sartorius, Minneapolis, 1983; S. C ONLY , Against Autonomy , Cambridge, 2003). Conversely, advocates of libertarian paternalism insist that choices should eventually be left to consumers, although they should be appropriately informed and suggested a preferable choice (F. D I P ORTO & N. R ANGONE , Behavioral Sciences in Practice: Lessons for EU Rulemakers , in Nudge and the Law , ed. by Alemanno e Sibony, Oxford – Portland, 2015.; C. A. D UNLOP & C. M. R ADAELLI , Overcoming Illusion of Control: how to Nudge and Teach Regulatory Humility , idem ; & A-L. S IBONY & G. H ELLERINGER , EU Consumer Protection and Behavioral Sciences: Revolution or Reform? , idem . 10 J. E LSTER , Ulysses and the Sirens , Cambridge, 1979, where the author compares consumers to Ulysses in Homer’s Odyssey, asking his sailors to tie him to the mast in order to be able to hear the sirens’ chant without risking drowning in an attempt to follow them.