Wine Law

344 WINE LAW municipalities linked to the PDO and PGI, which are used for the commercialisation of the agricultural or food product covered by said terms, as long as it does not go against what is indicated in the legislation on food information. According to Article 39, the use in the labelling, presentation or advertising of products, names, indications, qualifications, expressions or signs that do not correspond to the product or induce confusion is considered as a serious offence. The cases of Article 40(2), paragraphs a) and c) are excluded, which indicate that, in relation to quality wines produced in a specific region, the use – when there is no right to do so – of indications, trade names, trademarks, symbols or emblems that refer to the names with some level of protection, or that, due to their phonetic or graphic similarity with the protected names or with the signs or emblems that are characteristic of it, may lead to confusion about the nature, quality or origin of the products, even if they are preceded by the terms “type”, “style”, “kind”, “imitation”, “substitute” or other analogues. The same applies the use of protected names in products that have been expressly denied, as well as the infractions of articles 18(2) and 18(3). Article 39 of Law 24/2003 also mentions the unrgihtful use of the mentions on ageing regulated in Article 3(a) or of the mentions reserved for quality wines produced in a specific region other than those regulated in Article 3(b). II.2. The Law on Advertising and Alcoholic Beverages Article 8 of Law 34/1988 establishes the prohibition of advertising, in television, beverages with an alcoholic strength higher than 20 centesimal degrees. Advertising alcoholic beverages that do not specify the strength is also prohibited in places where their sale or consumption is prohibited. The form, content and conditions of the advertisement of alcoholic beverages will be limited by regulation in order to protect the health and safety of people considering the subjects to whom it is intended, provided there is no direct or indirect induction to its indiscriminate consumption, and attentive to educational, health and sports fields. The Government may extend the prohibition to beverages with an alcoholic strength of less than 20 centesimal degrees. In the case of non-compliance with the special rules that regulate the advertising of products, activities and goods and services, it will be considered an infringement for the purposes indicated in Royal Legislative Decree 1/2007,