Wine Law

We note that general rules propose principles that are not being observed once you deal with wine comparison. In a bottle of wine, it is possible to compare, among others, the volume, the alcohol volume, the vitis vinefera grapes, the assemblage , the harvest, but, as a matter of fact, these characteristics are not compared when tasting two or more wines. In a tasting marketing practice (fairs, competitions), comparison is usually made based on the aromas and fruity flavours, aftertastes, acidity, tannin levels or the body of the wine (whether it is light, medium or full-bodied). It is easy understandable that those characteristics are not objectiveness (how long will a flavour persist in one’s mouth?), but, in fact, in the wine sector, as an exception, it is usual those comparison and commonly acceptable. Another interesting point is related to consumer law. Usually, the communication sentences must be accurate in order to not deceive the consumers. For instance, by seeing the label “Malbec”, it is likely that consumers will think that the wine is 100% Malbec, when in reality it is not. The right to mention a grape variety is usually allowed once the wine has at least 85% of such grape, and so it is not be perceived as misleading consumers. It is also not perceived as misleading the consumers the fact of aggregate, in a minor part, grape must originated from a region outside the Indication of Origin. Although it is not current in the most knowledge and reputable Geographical Indications, it can be found in the specifications of the so called new world wines. For instance, the American Viticultural Area (AVA) regulations in the US allows the use up of 25% must grapes from out-side the viticultural area (§4.25 – Appellations of origin) 32 : “(b) Qualification—(1) American wine. An American wine is entitled to an appellation of origin other than a multicounty or multistate appellation, or a viticultural area, if: (i) At least 75 percent of the wine is derived from fruit or agricultural products grown in the appellation area indicated; (ii) it has been fully finished (except for cellar treatment pursuant to §4.22(c), and blending which does not result in an alteration of class or type under §4.22(b)) in the United States, if labeled “American”; or, if labeled with a State appellation, within the labeled State or an adjacent State; or if labeled with a county appellation, within 32 Source : https://www.ecfr.gov/cgi- bin/retrieveECFR?gp=&SID=5b50f9bae79094b65bcb2bc9c3b70bcf&mc=true&n=pt27.1.4&r=PART&ty=HTML #se27.1.4_125, accessed on 30 April 2020.