Wine Law

BRIEF NOTES ON VENEZUELAN WINE LAW 527 Furthermore, Article 7 of the Law on Fair Prices recognises the right to protection against false, misleading or abusive advertising and coercive or unfair commercial methods. However, it must bear in mind that, according to Article 9(2) of the Law of Social Responsibility in Radio, Television and Electronic Media 79 , “for reasons of public health, public order and respect for the human person, it is not allowed in the services of radio and television, in any hour, the diffusion of publicity on (ic beverages and other species foreseen in the legislation on the matter” 80 . For some reason, electronic media are not included in this prohibition, so it must be understood that the guarantee recognised by the Law on Fair Prices applies to the broadcast of advertisements by these media. Additionally, the consumer has the right to, first, obtain compensation for damages derived from deficiencies and low quality of goods, and second, access effective mechanisms for the administrative protection of their rights and interests, leading to the adequate prevention, sanction and timely reparation thereof. Consumers have the right to protection regardless of the technology used to access the good, as well as protection in standard term contracts that could be disadvantageous or injure their rights or interests, and the right to withdraw or desist from the complaint and conciliation in matters of interest, provided that collective interests are not affected. Regarding the possibility of civil claims for damages derived from the consumption of wine, Article 35 of the Law on Fair Prices provides that the sanctions provided for therein “shall not exempt the offenders or the sanctioned offenders from their civil, criminal or administrative liability”. In addition, it declares the joint and severe liability of “directors, partners, administrators and any other that is linked to the commercial activity they represent, in the commission of illicit acts by the subjects of application” of the Law. Once again, the Law distances itself from what has been the regulation of consumer protection in Venezuela, by not establishing an autonomous civil liability regime that allows consumers to enforce their rights without resorting to either the contractual liability regime or the non-contractual liability regime. They then have the preliminary problem of needing to determine when to resort to one or the other since, in Venezuela, there is a dual system with different regulations for both types of liability 81 . Indeed, Article 38 is limited to establishing that the imposition of any of the sanctions, provided by the Law, 79 Official Gazette No. 39.610, 7 February 2011. 80 It is fair to recognise that this prohibition has been in force intermittently in Venezuela since the 1980s. 81 Madrid Martínez, Claudia, La responsabilidad civil derivada de la prestación de servicios. Aspectos internos e internacionales , Caracas, Academia de Ciencias Políticas y Sociales, 2009, Serie Tesis No. 4, p. 55.