Wine Law

definition of advertising by stating what is not considered an advertisement. In other words, “any advertising or publicity in favour of an organisation, a service, an activity, a product or article, other than an alcoholic beverage which, by its graphics, presentation, name, brand, logo or other distinctive sign evoking an alcoholic beverage, is considered as publicity or indirect advertising” 19 . However, “the contents, images, representations, descriptions, comments or references relating to an area or region of production, to the toponymy, to a reference or a geographical indication to a terroir, an itinerary, expertise, historical, cultural, gastronomic or environmental heritage relating to an alcoholic beverage with an identification of quality or origin or protected under article L.665-6 of the Rural and Maritime Fishing Code do not constitute an advertisement or publicity” 20 . The controversy between supporters and opponents on the banning of wine advertising could, therefore, have been resolved. However, the intervention in February 2018 by the Minister of Health rekindled the argument. The proponents of hygienism referred to the fact that, over the last ten years, alcohol consumption had stabilised in France, albeit still at an extremely high level with a death rate of 49,000 people 21 per year and at considerable social cost 22 and ventured to accuse the wine industry lobby of producing junk food or even destroying the environment. We are speaking of the "wine industry" as though it were an industry like any other. The issue has come full circle with the tabling of the bill no. 208 relating to the ban on advertising alcoholic beverages filed with the office of the National Assembly on 2 July 2019. To date, this text has remained at the proposal stage, but the content is very clear: to limit publicity in order to discourage alcohol consumption or even indirectly prohibit it. From moderation to prohibition. Is it possible to prohibit the promotion of the culture of vines and wine, of the wine heritage and of wine tourism in France? I.2. The particularities of wine 19 Art. L.3323-3 C. public health. 20 Art. L. .3323-3-1 C. public health. 21 For the year 2015, figure cited by the Minister in February 2018. 22 120 billion euros according to B. Brasset, Protection of health and defence of wine interests, Revue Pour n ° 237/238, 2019/1, p. 416 ; www.publicsenat.fr: “How Agnès Buzyn’s words set the wine lobby in motion”.