Wine Law

of wine, as defined above, constitutes an exception to the principle of the prohibition of advertising on alcohol. The latest legislative changes have made its legal framework more flexible, but any hardening of resolve by the hygienism movement could result in a turnaround. II. The Legal Framework for Collective Wine Advertising The effect of the Evin law n ° 91-32 of 10 January 1991 overturned the rationale for the supervision of communication in matters of wine held up until now by the legislator. Prohibition has become the rule (II.1.) accompanied by a few limited exceptions and the case law in their implementation has been particularly sensitive to the interpretation proposed by the ANPAA 33 . However, the way in which wine is consumed is gradually changing with increased public concern about the health issues. For a long while wine was considered both food and medicine taking centre stage at mealtimes. Now, less regularly consumed, it is being reserved for festive occasions. Consequently, the profile of the wine drinker is changing from the regular working-class consumer is to a more middle class one, who, when money is tight, will cut down on their consumption. Moreover, the 1990 "French paradox" enigma pushed moderate consumers to reduce or even stop drinking wine altogether. The “French paradox” became a catch phrase highlighted by an American review in 1992 34 . For the hygienism movement the French paradox would be an ethical scandal according to which the supposed 35 sin is recompensed 36 . There is no doubt that those involved in the wine industry and wine tourism have found a weighty argument to convince the legislator to relax the legislative straitjacket on banning advertising and modify the provisions of the Public Health Code. (II.2.). II.1. The arguments supporting a ban on communications concerning consumption 33 National Association for the Prevention of Alcohol and Addictology. 34 Study published in The Lancet on 8 June 1992 according to which the French have 3.5 times lower risk of cardiovascular disease than Americans thanks to a moderate consumption of one to three glasses of red wine per day, rich in anti-oxidant, despite an equivalent consumption of saturated fat 35 D. Boyer, The reform of alcohol advertising: RD Rur. 2005, study 25 36 C. Fischer, Du vin, ed. O. Jacob 1999