Wine Law

However, such rules on television advertising pursue an objective relating to the protection of public health within the meaning of Article 56(1) of the Treaty (now, after amendment, Article 46(1) EC) since the measures restricting the advertising of alcoholic beverages in order to combat alcohol abuse reflect public health concerns. Furthermore, such rules are appropriate to ensure that aim and they do not go beyond what is necessary to achieve such an objective. They limit the situations in which hoardings advertising alcoholic beverages may be seen on television and are therefore likely to restrict the broadcasting of such advertising, thus reducing the occasions on which television viewers might be encouraged to consume alcoholic beverages”. Although the alcohol promotion, and so including wines, regards to the national law of each country, a directive have been passed in order to harmonise alcohol broadcasting in Europe. The European Audiovisual Media Services Directive 2018/1808 of the European Parliament and of the Council, dated of 14 November 2018 had amended Directive 2010/13 and rules about public advertisement. Basically, it takes the French law premises. Member States shall ensure that audiovisual commercial communications provided by media service providers under their jurisdiction comply with several requirements (art. 9(e) of the Directive), in which we underline that “audiovisual commercial communications for alcoholic beverages shall not be aimed specifically at minors and shall not encourage immoderate consumption of such beverages”. Furthermore, limitation on contents of the advertisement has been assign: “Television advertising and teleshopping for alcoholic beverages shall comply with the following criteria: (a) it may not be aimed specifically at minors or, in particular, depict minors consuming these beverages; (b) it shall not link the consumption of alcohol to enhanced physical performance or to driving; (c) it shall not create the impression that the consumption of alcohol contributes towards social or sexual success; (d) it shall not claim that alcohol has therapeutic qualities or that it is a stimulant, a sedative or a means of resolving personal conflicts; (e) it shall not encourage immoderate consumption of alcohol or present abstinence or moderation in a negative light; (f) it shall not place emphasis on high alcoholic content as being a positive quality of the beverages” (art. 22).