Wine Law

332 WINE LAW III.1. Prohibited and mandatory information Article L.3323-4 of the Public Health Code lists the terms authorised in wine promotional operations. The advertisement may only include an indication 52 of the alcohol content by volume 53 , origin 54 , name 55 , composition 56 , the name and address of the manufacturer, the negotiators and the shareholders 57 , as well as the methodology 58 , terms of sale 59 and manner of consumption of the product 60 . The advertisement may include references relating to the regions of production, the distinctions obtained, the appellations of origin (as defined in Article L.431-1 of the Consumer Code) or geographical indications (as defined in the conventions and treaties internationally ratified) 61 . It may also include objective references relating to the colour and the olfactory and taste characteristics of the product 62 . The packaging can only be reproduced if it complies with the previous provisions. Additionally, all advertising in favour of alcoholic beverages must be accompanied by a warning stating that alcohol abuse is dangerous for one’s health. Due to the lack of precision in this legal requirement, professionals (the wine industry and the Professional Regulatory Authority for Advertising – 52 The term “indication” allows advertising expression through text, sound or image. The representation of characters must reflect an actual professional function, past or present, exercised in the development, distribution or presentation of the product to the consumer (sommelier, cellar master, chef and so on). 53 No argument should be drawn from the beverage’s alcohol strength. 54 The origin can be historical, geographic or relative to that of the raw materials used to make the product. The link with the product must be founded. 55 The denomination also includes the brand. 56 Any component or ingredient can be highlighted as long as it is significant, whether it is on the label. The link with the product must be precise and indisputable. 57 These indications should be understood as targeting all stakeholders in the commercial and logistics sector. The link with the product must be precise and indisputable. 58 The description must relate to the operations which result in obtaining a finished product, bottled, labelled and presented to the final consumer . 59 By terms of sale, we mean the technical aspects of the sale (i.e. conditioning, packaging and lots), but also the various legal forms of promotion 60 Advertising can highlight the optimal conditions for tasting or serving the product, possible or desirable culinary associations. It refrains from representing consumers. 61 The term “references” allows for advertising expression at the text, sound or image level. The notion of terroir and fortiori appellations of origin and geographical indications extend not only to the place of production but also to the entire environment: the land, the nature of the soil, the water, the exposure, local climate, which contribute to the characteristics and qualities of the product. They are also the cultural aspects and all the typical elements relating to, for instance, the soil, habits and tastes of the inhabitants of a countryside, region or country of production. The link with the product must be indisputable. To not deceive consumers, the distinctions obtained must be indisputable, whether official or recognised by the profession. 62 Any organoleptic characteristic can be demonstrated. The link with the product must be precise and indisputable.