Wine Law

282 WINE LAW be, on the one hand, open to the public – and so be perceived by everyone –, for example, a television broadcasting advertisement, or, on the other, restrained to a specific public, like a closed tasting event. Different legal limitations will thus surround the content of each kind of promotion. Consequently, after this introduction, we will address such topics in two approaches: a short topic dealing with the usual legislation applied to any promotion and a more specific approach dealing with restrictions on wine promotion. 2. USUAL ADVERTISEMENT RULES As mentioned previously, there is no universal rule. However, there are standard mise-en-place practices by self-regulated agencies in the most important countries. For instance, the Marketing Code Recommendations from the International Chamber of Commerce (ICC), adopted by 42 countries around the world. The ICC has also issued, in 2019, a Code for Responsible Beverage Alcohol Marketing and the Digital Guiding Principles: Self-regulation of marketing communications for beverage: “Advertising and marketing self-regulation is a system by which the advertising, marketing, agency and media industry set voluntary rules and standards of practice that go beyond their legal obligations. Self-regulatory organizations (SROs) are responsible for enforcing industry’s commitment to these rules.” 27 . Moreover, “The Code also serves business and society by providing ethical guidelines that build on fundamental pillars, create a level playing field and harmonize approaches across markets while minimizing the need for legislative or regulatory restrictions that add inefficiency and cost. As new practices and technologies have evolved, ICC has revised and extended the scope of the Code to assure its usefulness and relevance. In this way, the Code also demonstrates that when effectively implemented, self-regulation has an ability to be more rapidly adaptable and responsive to market needs than most legislative alternatives.”. It continues by stating that “The application of self-regulation in marketing communication for alcohol requires that it be legal, decent, honest and truthful and prepared with a due regard for social responsibility and all other general principles of the Code apply. In order to help them meet commitments for responsible marketing practice, industry stakeholders asked for a Framework 27 Source : https://iccwbo.org/publication/icc-advertising-and-marketing-communications-code/, accessed on 28 April 2020.