Wine Law

PROMOTING THE WINE INDUSTRY UNDER FRENCH LAW 325 Wine is a beverage produced from the alcoholic fermentation of the grape, which must have a certain acquired alcoholic strength. Thus, according to Annex IV of Regulation EC no. 479/2008 of the Council of 28 April 2008, wine must have an alcoholic strength of at least 8.5% or 9%, depending on the wine-growing area concerned (which can drop to 4.5% if the wine has a protected designation of origin or a protected geographical indication), and a maximum of 15%. Therefore, wine is a beverage containing alcohol and, as such, subject to special regulations governing this type of drink. However, in certain instances, because of a legacy of its status as food, wine is something of a paradox. Hence, wine – together with beer and “ poiré ” (fermented pear juice) – is an alcoholic beverage allowed in the workplace 30 (mead was removed with the drafting of the new Labour Code 31 ). The rule on advertising then moved on to another classification included in the Public Health Code but not in the legislation relating to the vine and the wine law. It made a distinction between two types of alcoholic beverages, those with an alcohol content of less than 1.2%, the list of which is set out in Article L. 3321-1 of the Public Health Code, and those with higher alcoholic strength. In the first instance, the drinks are considered to be non-alcoholic and advertising is unrestricted, while, in the second, it addresses the category of alcoholic beverages for which advertising is, in principle, prohibited except under stringent conditions. Consequently, for alcoholic beverages, advertising wine is prohibited, except where certain media restrictions are respected and specific caveats are included in the wording. Since Loi Évin, wine has been classified as an alcoholic beverage, thereby losing its qualification as a fermented drink by highlighting only its negative aspect – the presence of ethanol in its composition. Even though the adjective “alcoholic” is more neutral, it does indicate that the percentage of alcohol present in the drink in question. However, as mentioned above, “no alcoholic beverages other than wine, beer, cider or “poiré” are permitted in the workplace” 32 . Currently, advertising and, especially, collective advertising of wine, as defined above, constitutes an exception to the principle of the prohibition of advertising on alcohol. The latest legislative changes have made its legal framework more flexible, but any hardening of resolve by the hygienism movement could result in a turnaround. 30 Article R. 4228-20, Labour Code. 31 Article L. 232-2, Labour Code (before revision). 32 Article R. 4228-20, Labour Code.