262 WINE LAW legal meaning must be observed7. Transparency is thus one of the first qualities in wine promotion. We can split our analysis into two topics. In fact, there are two layers of legislation regulating the promotion of wines – any wine. The first one concerns the generic advertisement legislation, having each country its own rules about propaganda and advertisements. Even in Europe, despite the common market, the rules have been left to the discretion of each Member States, so, it is important to be advised by a native advertisement agency. Nevertheless, general premises are spread out all over the countries, and international meetings have brought certain harmonisation. The second layer to be referred deals with rules that bring several limitations to promote alcohol. Advertisement is usually structured following the Berlo’s Model8: who (Sender) sent what (Message) through which channel (Channel) to which audience (Receiver). Accordingly, if the sender is a wine industry, the winery will face restrictions in the message’s content, the used channel and the audience it wishes to communicate with. In order to understand the actual framework we are faced with, we should remember that wine is considered an alcoholic beverage, despite Louis Pasteur’s comment, stating that “(…) wine can rightly be considered to be the healthiest, most hygienic of beverages”9, and the “French Paradox” one regarding the benefits of moderate wine consumption. The World Health Organization (WHO) considers wine as an alcohol beverage, asserting that “Alcohol consumption is a leading cause of injury, disease and death both for those that consume as well as those impacted by alcohol abuse.”10. Despite the wine industry’s efforts to be treated differently from spirits or beers, as we can note by OIV’s researches11, countries’ legislations deal with wine promotion as an alcoholic beverage, and, usually, no difference is made concerning the alcohol volume in the bottle. In such a scenario, we shall promote our wine. It is easy to remark that we have to slide between no friendly rules: it was not so long ago that the USA abolished the prohibition law12, and legal 7 We underline that there are legislations that recognise fruit wines. 8 Source: https://en.wikipedia.org/wiki/Sender-Message-Channel-Receiver_Model_of_Communication, accessed on 27 April 2020. 9 Translated from French: “(…) le vin peut être, à bon droit, considéré comme la plus saine, la plus hygiénique des boissons”, in Pasteur, L. Études Sur Le Vin ses maladies, L’Imprimerie Impériale, Paris, 1866, p. 56. 10 Source: https://www.who.int/health-topics/alcohol#tab=tab_1, accessed on 15 April 2020. 11 Guidance for future research on the effect of wine consumption, available in http://www.oiv.int/public/medias/2140/oiv-secsan-463-2015-en.pdf - Resolution OIV-SECSAN 4632015, accessed on 15 April 2020. 12 Prohibition was ratified by the USA on 16 January 1919 and officially went into effect on 17 January 1920, with the passage of the Volstead Act. In early 1933, Congress adopted a resolution proposing a 21st
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