Wine Law

PROMOTING THE WINE INDUSTRY UNDER FRENCH LAW 335 or emailing is tricky because it is difficult to remain completely objective and not present the wine from a positive angle. Conversely, the law prohibits any sponsorship operation when its object or effect is publicity or advertising, directly or indirectly, in favour of alcoholic beverages, as well as giving, distributing or sending to minors leaflets, blotters, notebook covers or any other object naming an alcoholic drink, or by extolling the merits or bearing the brand or the name of the manufacturer of such a drink 64 . Wine is becoming more and more complex. The relaxation of collective advertising on wine continues to be questioned by the hygienism movement in France, mainly represented by the ANPAA 65 , which hostility is ever-present either through its actions in Justice or its website 66 . The promotion of wine outside the framework of an appellation of origin is even more difficult to achieve, which amounts to saying that there is a second “French paradox” – the virtual impossibility of promoting wines in France! For this reason, the ARPP proposed some general principles to promote wine:  no commercial communication should encourage excessive consumption or constitute a criticism of abstinence or sobriety;  no commercial communication should create confusion as to the nature and alcoholic strength of the beverages, suggest that the consumption of low-alcoholic drinks is likely to prevent excess or, conversely, take advantage of the high alcoholic strength of the drinks;  no commercial communication should suggest that alcoholic drinks – alone or in combination with non-alcoholic drinks – have therapeutic properties, have a stimulating, tranquillising or calming effect, or to demonstrate that they can improve physical performance, psychologically or intellectually;  no commercial communication should present the alcohol consumption as an aid to overcome individual or collective issues nor illustrate nor cite successes obtained through the consumption of alcoholic beverages; 64 Article L.3323-5 of the Public Health Code. 65 An association recognised as being of public utility and financed by public funds directly matched by the State or communities. 66 Insights No. 35 - Self-regulation of alcohol companies’ business practices: Effectiveness or decoy? “Posted on its website and dated 26 February 2019; “Evin and packaging law: the judge bans lipstick” posted online in spring 2019 for which the ARPP responded to these attacks considered unfounded and not in accordance with the missions of this association, available i n https://www.arpp.org/actualite/arpp- responds-to-baseless-attacks-from-anpaa.