Wine Law

II.2. The exception: information on the terroir and the objective qualities of the wine The rule set out in 1991 was extended in 1994 to generalise the communication ban initially limited to the wine-growing area. Then, because of the crisis experienced by the French wine growers in 2005, Law n°2005-157 of 23 February 2005 relating to the development of rural territories amended Article L.3323-4 paragraph 2 of the Public Health Code. Far from corresponding to the major reform announced, the modifications were, in reality, only a simple legalisation of the solutions set out in case law 43 . In fact, professionals in the wine sector as well as elected representatives of wine-growing areas wanted to have a better communication on wine in order to educate younger consumers, without encouraging them to drink an alcoholic beverage. Among the grievances expressed by the wine industry, there is the lack of distinction in the French legislation between wine and other alcoholic beverages, a clarity much needed especially given the medical and scientific evidence of the health benefits of a moderate consumption of wine 44 . In the ruling of 1 July 2015, mentioned above, the Court of Cassation considered that the court of reference validly noted "that the individuals appearing on the posters, identified as members of the Bordeaux wine production or marketing team, who participated in the wine production or marketing would not be accepted as such by the consumers and would become instead just the human factor referred to in Article L. 115-1 of the Consumer Code 45 , and in Article L. 3323-4 of the Public Health Code. Simply representing characters holding half a glass of wine in their hand does not exceed the limits set out by the aforementioned text, which requires an objective representation of the product, such as its colour or its method of consumption. Moreover, the impression of pleasure that emerges from all the visuals does not exceed what is necessary for the promotion of the products and is inherent in the advertising process itself, which remains lawful. In addition, the image given of a profession attracting young people, including women, and seeking modernity, is at last fully compliant with the legal provisions authorising references to the 43 D. Boyer, The reform of alcohol advertising: a big debate for little result: RD Rur. 2005, study 25. 44 Ch. Lebel, Collective wine advertising: utopia or reality?, note under Cass. 1st civ., 23 Feb. 2012, n ° 10- 17.887, cited above. 45 Become art. L.431-1 of the Consumer Code.