Wine Law

Wine Promotion Roner Fabris1 1. Introduction; 2. Usual Advertisement Rules; 3. Limits on Public Wine Promotion; 4. Wine Promotion Rules: Main Acceptable Practices; 5. Final Remarks; Examples of Wine Promotion. 1. INTRODUCTION When we promote wine, it is important to take into consideration that wine has a legal meaning. According to the Organisation Internationale de la Vigne et du Vin (OIV), wine is the beverage resulting exclusively from the partial or complete alcoholic fermentation of fresh grapes – crushed or not – or grape must, with an alcohol content of no less than 8.5%2. Moreover, the definition of wine can change from country to country, with some countries’ rules establishing that grapes must be mature and sound3 and others introducing an upper limit of no more than 15%, as it is in the European Union4. In general, the notion proposed by the OIV is accepted in all countries. However, “wine” can also be a generic term to reference others products rather than “pure” wine. Legislations over several countries deal with fortified wines, wines from raisined grapes5 or overripe grapes6, steal or effervescent wine, and even countries that permit the use of the term “wine” to indicate “fruit wines”. In order to promote those wines, there must be clarity about it – the 1 Brazilian lawyer; partner of RGF Advogados Associados; PHD by Strasbourg University and Federal University of Rio Grande do Sul, member of several associations, e.g. International Wine Law Association (IWLA). 2 International Code of Oenological Practices, OIV Code Sheet, Issue 2015/01. 3 85 FR 18721, 2 April 2020 - §4.21 TTB - 27 U.S.C. 205. 4 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 – Annex VII, Part II – Categories of grape vine products. 5 For instance, Amarone dela Valpolicella. 6 For instance, Hugel&fils Gewurztraminer Vendanges Tardives.