Wine Law

330 WINE LAW informational purposes” is assessed fairly strictly in the case-law. In this instance, the Court of Appeal upheld the decision without specifying what justifies the qualification adopted, which leaves little hope for the application of this new legal provision. The fight against alcohol addiction is undoubtedly laudable and the public health objective has constitutional value. Nevertheless, the regulation aims to limit or even sanction the excess consumption of alcoholic beverages; it is not intended to ensure compliance with a level of prohibition that demonises wine in a country where the status of the wine sector in the national economy is not negligible. Besides, wine and its historical and territorial environment constitute a significant part of French culture. Finally, by taking such a position, the hygienism movement – expressing that wine is an alcohol like any other – does not consider the social representation of wine among young people, who constitute the main target of the regulation of advertising on beverages alcoholic. The image of cheap wine consumed only for its alcohol content is today eschewed by young people in favour of the health value of good wine. This wine becomes a quality product enjoyed by the family and is consumed moderately. It is the symbol of conversation, conviviality, and interaction between generations. Wine is then favoured by adults, while young people have resorted to binge drinking at the end of the week 47 . Under these conditions, the application of article L. 3323-4 of the Public Health Code to collective advertising of wine seems excessive and certainly inappropriate for combating alcoholism among young people, who prefer less expensive drinks with a higher alcohol content to get drunk. Wine, however, remains an alcoholic beverage, and for this reason, it is in the best interest of the individual and for the society that it be consumed in moderation. III. THE FAILURE OF A RELAXATION OF WINE PROMOTION In its ruling of 1 July 2015, the Court of Cassation decided to refer to the “human factors” intrinsically linked to appellations of origin. Insofar as references to appellations of origin are expressly authorised by article L. 3323-4 of the Public Health Code, those relating to human factors are also indirectly 47 C. Simmonet-Toussaint, “Le vin sur le divan, From social representations to intimate representations”, ed. Férret, 2006 special, p. 17.