Wine Law

WINE PROMOTION 283 that outlines a global set of rules for alcohol that help companies that market across borders and promote consistency for self-regulation.”. As a general principle, all marketing communications 28 should be legal, decent, honest, and truthful and should be prepared with a due sense of social and professional responsibility , as well as conform to the principles of fair competition generally accepted in business. Vis-à-vis with the social responsibility that must guide the marketing strategies, the general rules state the duties of the advertisers and media means concerning human dignity, for instance, to not incite or condone any form of discrimination, including that based on race, national origin, religion, gender, age, disability or sexual orientation, to not play on fear or exploit misfortune or suffering, to not condone or incite violent, unlawful or anti-social behaviours and to not play on superstition. Regarding decency and honesty , the ICC Code recommends all marketing communications to avoid statements or audio or visual treatments that offend standards of decency currently prevailing in the country and culture concerned, framing it as not to abuse the consumers’ trust or exploit their lack of experience or knowledge. Relevant factors likely to affect consumers’ decisions should be communicated in such a way and at such a time that consumers can take them into account. Safety and health must be observed by all kind of marketing communication, with more emphasis for wine promotion, as the Code advising that its content “should not, without justification on educational or social grounds, contain any visual portrayal or any description of potentially dangerous practices, or situations which show a disregard for safety or health, as defined by local national standards.”. Finally, the ICC Code recommends attention regarding the receivers of the marketing communication, especially children and teenagers, as products illegal for them to purchase or unsuitable for them should not be advertised in media targeted to them. Marketing communications directed to children should be clearly distinguishable to them as such. Although it is not a common general practice in marketing strategies, comparative advertisement constitutes an essential and old wine sector practice. Perhaps shoulder to shoulder with the automobile sector, the wine industry 28 The Code defines “advertisement” or “advertising” as any form of marketing communications carried by the media, usually in return for payment or other valuable consideration. The definition of the term “marketing communications” includes advertising as well as other techniques such as promotions, sponsorships as well as direct marketing and digital marketing communications and should be interpreted broadly to mean any communications produced directly by or on behalf of marketers intended primarily to promote products or to influence consumer behaviour.

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