Wine Law

326 WINE LAW II. THE LEGAL FRAMEWORK FOR COLLECTIVE WINE ADVERTISING Loi Évin’s effect overturned the rationale for the communication supervision in matters of wine, held, until then, by the legislator. Prohibition has become the rule (II.1.), accompanied by a few limited exceptions, and the case-law in their implementation has been particularly sensitive to the interpretation proposed by the National Association for the Prevention of Alcohol and Addiction (ANPAA in French). Nevertheless, the way in which wine is consumed has been gradually changing with increased public concern about health issues. For a long while, wine was considered both food and medicine, taking centre stage at mealtimes. Now, less regularly consumed, it is being reserved for festive occasions. Consequently, the wine drinker’s profile is changing from the regular working-class consumer is to a more middle class one, who, when money is tight, will cut down on consumption. Moreover, the 1990 “French paradox” enigma pushed moderate consumers to reduce drinking wine or even stop altogether. The “French paradox” became a catchphrase highlighted by an American review in 1992 33 . For the hygienism movement, the “French paradox” would be an ethical scandal, according to which the supposed 34 sin is recompensed 35 . There is no doubt that those involved in the wine industry and wine tourism have found a weighty argument to convince the legislator to relax the legislative straitjacket on banning advertising and modify the provisions of the Public Health Code. (II.2.). II.1. The arguments supporting a ban on communications concerning consumption Communicating about wine is not illegal and, fortunately, this statement is legally correct. Indeed, the wine list of a restaurant is a kind of advertisement because it effectively constitutes a “form of communication made within the framework of a commercial, industrial or craft activity with the aim of promoting the supply of goods or services” 36 . As such, the information on wine 33 Study published in The Lancet on 8 June 1992, according to which the French, despite an equivalent consumption of saturated fat, have 3.5 times lower risk of cardiovascular disease than Americans, thanks to a moderate consumption of red wine (one to three glasses per day), which is rich in antioxidants. 34 D. Boyer, cited above. 35 C. Fischer, “Du vin”, ed. O. Jacob, 1999. 36 See article 2(a) of Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising; and article 2(F) of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of