Wine Law

take into account the social representation of wine among young people, who constitute the main target of the regulation of advertising on beverages alcoholic. The image of cheap wine consumed only for its alcohol content is today eschewed by young people in favour of the health value of a good wine. This wine becomes a quality product enjoyed by the family and is consumed moderately. It is the symbol of conversation, conviviality, and interaction between generations. Wine is then favoured by adults, while young people have resorted to binge drinking at the end of the week49. Under these conditions, the application of Article L. 3323-4 of the Public Health Code to collective advertising of wine seems excessive and certainly inappropriate for combating alcoholism among young people, who prefer less expensive drinks with a higher alcohol content to get drunk. Wine, however, remains an alcoholic beverage, and for this reason, it is in the best interest of the individual and for society that it be consumed in moderation. III. The Failure of a Relaxation of Wine Promotion In its ruling of 1 July 2015, the Court of Cassation decided to refer to "human factors" which are intrinsically linked to appellations of origin. Insofar as references to appellations of origin are expressly authorised by Article L. 3323-4 of the Public Health Code, those relating to human factors are also indirectly authorised 50 . Recourse to the Consumer Code has thus enabled the Court of Cassation to include members of the wine industry in the terms expressly authorised by Article L. 3323-4 of the Public Health Code and this extension of its legal basis has had the effect of making the legal framework for the promotion of wines in France more flexible 51 . At the same time, a bill was tabled by the government of the time 52 , a provision of which proposed 53 to insert a new article L. 3323-3-1 in the Public Health 49 C. Simmonet-Toussaint, Le vin sur le divan, From social representations to intimate representations: ed. Férret 2006, spec. p. 17. 50 Art. former L.115-1 Consumer Code, now art. L.431-1: “Constitutes an appellation of origin the denomination of a country, a region or a locality used to designate a product which originates there and whose quality or characteristics are due to the geographical environment, including natural and human factors.”. 51 In fact, constituting a reversal of case law in the area of wine advertising 52 Macron bill (bill for growth, activity and equal economic opportunities, text adopted n ° 565, 10 July 2015), adopted by Parliament on 10 July 2015 53 Art. 225