Wine Law

322 WINE LAW supplements in which grapes are present and even cosmetic products (lotions and balsams whose main component is wine)4, in which the regulations corresponding to traceability and food safety will be applied5. The diversity of products derived from the vine is due to wine’s antioxidant and health-beneficial properties, which have led to extensive trade in the wine sector. This importance of wine as a product is widely regulated, especially as an element legally shielded by Protected Designations of Origin or Geographical Indications, not only at the national level but also at the Community and international level. In this work, we are going to limit our object of study to wine’s advertising, from various approaches and perspectives: on the one hand, what is allowed by law and, on the other hand, the prohibition of certain actions because they are considered illegal or affect groups such as the case of minors. The methodology that we are going to use is the analysis of the applicable legislation, as well as the position of the doctrine on the application of the rule, in order to be able to obtain answers to different controversies that arise regarding wine and its advertising. With all this, we will obtain some conclusions on the application of the regulations and on the different questions that we have been raising throughout the work. I. WINE AND ADVERTISING: REGULATION IN SPAIN The framework that regulates wine in Spain encompasses different laws that deal not only with wine production but also other aspects, such as those relating to its quality. Initially, the regulation was established by the currently repealed Law 25/1970, of 2 December, Statute of vineyards, wine and spirit drinks (Estatuto de la Viña, del Vino y de los Alcoholes)6, which was developed by Decree 835/1972, of 23 March, by which the Regulation of Law 25/1970 was approved7, and Royal Decree 1129/1985, of 5 June, by which the sanctions 4 RAMÓN FERNÁNDEZ, F.: “Seguridad y responsabilidad de los productos cosméticos en el Derecho español”, Revista de la Facultad de Derecho, no. 47, 2019, pp. 1-29. Available in: https://revista.fder.edu.uy/index.php/rfd/article/view/686 (Consulted on 31 July 2020). 5 RAMÓN FERNÁNDEZ, F.: “La trazabilidad como instrumento de garantía para la seguridad alimentaria”, Revista de Derecho civil, vol. 3, no. 3, 2016, pp. 109-138. Available in: https://www.nreg.es/ojs/index.php/RDC/article/view/219 (Consulted on 30 July 2020). 6 BOE no. 291, 5 December 1970. 7 BOE no. 87, 11 April 1972.

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