This decision was pronounced on the 13th February by the Paris Court of Appeal following a complaint from the National Association for Prevention of Alcoholism & Addiction (Anpaa) about the slogan "For a fresh world" used by the brewers Heineken on their website.
The court supported this complaint and went on to state that because Internet had not been mentioned on the limited list of mediums allowed by the Evin law of 1991, the Web is not considered to be an authorized media for communication for alcoholic drinks. This severe interpretation of the already restrictive Evin law surprised professionals, especially as at the time the law was in preparation, the Web network did not exist! The text mentions its French fore-runner, Minitel...
As a result, Heineken has shut down its website and the Internet world of wine and spirits, already suffering from several important restrictions since the Evin law (now part of the Public Health Code) came into effect, is now in a legally insecure position.
"The sword of Damocles is over us", deplores Catherine Alby, promotion manager for the Bordeaux & Bordeaux Supérieur Syndicat. This syndicat, the largest in France, with more than 5000 members, has been developing a communication strategy for the last two years, largely based on their successful website and various blogs where consumers send in their opinions on wines tasted.
An on-line wine cellar is to be added to their website in July with more than 900 references for sale.
"Competition is fierce, so we must look to the future and use modern technology or disappear. We need to validate this activity on a legal level otherwise we will be sitting targets for any complaints or court decisions", explains Catherine.
A Bordeaux wine professional explains that even though Internet is now a generally recognised media, because of these legal restrictions even the touristic websites which mention wine properties could come under attack.
Only the "merchant" websites, which do not contain advertising like WineandCo are safe. However it is a general feeling amongst professionals that Internet should be recognised as an authorized medium by law.
A study group, organised by the Health & Agricultural Minsitries, which is working on modifying the
law, held it's first meeting in Paris yesterday. Michel Barnier, the French minister for agriculture, has committed himself to finding a solution to the problem. Indeed, in today's context of modernising viticulture and communication, to deprive the industry of Internet would be like trying to run the 100 metres race with a ball and chain....
It was generally agreed by all the participants of the meeting (including politicians, health inspectors, wine professionals) that Internet authorization should be legalized with certain restrictions on websites available to minors, who must be protected at all costs.
"At the end of July a text produced by the group consensus will be added to a new health law", explains senator Gérard César.
Following this debate, another more complicated challenge, that of the various press groups will need to be addressed.
César Compadre S.O. 17/06/08
Translated by Maxine Colas.
doc@sudouest.com