Wine Law

Wine is a beverage produced from the alcoholic fermentation of the grape which must have a certain acquired alcoholic strength. Thus, according to Annex IV of Regulation EC n ° 479/2008 of the Council of 28 April 2008, the wine must have an alcoholic strength of at least 8.5% or 9% depending on the wine-growing area concerned (which can drop to 4.5% if the wine has a protected designation of origin or a protected geographical indication) and a maximum of 15%. Therefore, wine is a beverage containing alcohol and, as such, subject to special regulations governing this type of drink. However, in certain instances, because of a legacy of its status as food, wine is something of a paradox. Hence, wine, together with beer and “poiré” (fermented pear juice), are the only alcoholic beverages allowed in the workplace 30 , mead having disappeared with the drafting of the new Labour Code 31 . However, the rule on advertising then moves on to another classification included in the Public Health Code but not in the legislation relating to the law of the vine and the wine. It makes a distinction between two types of alcoholic beverages, those with an alcohol content of less than 1.2%, the list of which is set out in Article L. 3321-1 of the Public Health Code, and those with a higher alcoholic strength. In the first instance, the drinks are considered to be non-alcoholic and advertising is unrestricted. In the second, it addresses the category of alcoholic beverages for which advertising is, in principle, prohibited except under very strict conditions, when it is authorised. Consequently, for alcoholic beverages, advertising wine is prohibited, except where restrictions on certain media are respected and specific caveats are included in the wording. Since the Evin law, wine has become classified as an alcoholic beverage, thereby losing its qualification as a fermented drink by highlighting only its negative aspect; the presence of ethanol in its composition. Even though use of the adjective “alcoholic” is more neutral, it does indicate that the drink in question contains a percentage of alcohol. However, as mentioned above, “no alcoholic beverages other than wine, beer, cider or “poiré” are permitted in the workplace” 32 . Currently, advertising and especially collective advertising 30 Art. R. 4228-20 Labour Code. 31 Art. L. 232-2 of the Labour Code before its revision. 32 Art. R. 4228-20 Labour Code.