Wine Law

WINE PROMOTION 281 An overview of several legislations worldwide show such restrictions, as we can note in New Zealand 19 , or Canada 20 , USA 21 , Argentina 22 , Chile 23 , Brazil 24 , Europe 25 . Incidentally, European countries have recently agreed to measures increasing flexibility in the management of promotion activities for the wine sector, part of their national support programs. The European Commission proposed these measures in the context of increased import duties (+25%) imposed on EU wines exported to the US 26 . Wine promotion means the advertisement of a wine brand, winery or the origin region of the wine, as to increase sales or public awareness. It does not matter if the promotion deals with an institutional campaign of the winery or a specific wine brand; any wine promotional campaign seeks to wine consumption. Usually, there are different approaches in older and newer countries concerning wine promotion: in Europe, most French and Italian wineries focus on the region, variety and terroir , while, in newer countries, like Argentina and New Zealand, the approach is more relaxed towards the region and variety Mendoza/Malbec or Marlborough/Sauvignon Blanc,. In any case, regardless of the chosen approach, the guidelines limiting the content are the same. The promotion may also have another focus on keeping the consumer’s attention. Wine fairs and competitions, wine clubs, enotourism, host events, tastings, influencers and traditional advertisement in specialised magazines are examples of different structures to promote wines. Moreover, promotion can 19 The Code for Advertising and Promotion of Alcohol covers all pre-packaged and bulk alcoholic drinks with an alcoholic strength above 1.15%, which are advertised and promoted for sale and consumption in New Zealand. It applies to the entire content of an advertisement, including all words and numbers (spoken and written), visual presentations, music and sound effects; available in https://www.alcohol.org.nz/management-laws/nz-alcohol-laws/advertising-alcohol, accessed on 13 April 2020. 20 Each State has its own legislation, for instance, Quebec rules restraint promotions as can be seen at the Regulation respecting promotion, advertising and educational programs relating to alcoholic beverages; available i n http://legisquebec.gouv.qc.ca/en/ShowDoc/cr/P-9.1,%20r.%206, accessed on 13 April 2020. 21 Source : https://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&sid=506cf0c03546efff958847134c5527d3&rgn=div5&view=text&node=27:1.0.1.1.2&idno= 27#se27.1.4_11, accessed on 16 April 2020. 22 Laws No. 24788/97 and No. 5708, the last one being specific for the Buenos Aires province. 23 Law No. 19925/03, dealing with licenses and sales restrictions. 24 Laws No. 9294/96 and No. 11705/2008, article 6. Also regulated by the Brazilian Advertising Self- Regulation Code. Note that, in Brazil, advertising is self-regulated by a Council; available in http://www.conar.org.br/codigo/codigo.php, accessed on 16 April 2020. 25 Source : https://ec.europa.eu/info/food-farming-fisheries/plants-and-plant-products/plant- products/wine_en, accessed on 16 April 2020. 26 Source : https://ec.europa.eu/info/news/commissions-flexibility-measures-wine-promotion- programmes-agreed-member-states-2020-jan-15_en, accessed on 16 April 2020.