Wine Law

Wine is a product, but it is a very unique product. Because of the obvious health risks of alcohol, wine is regulated heavily. Historically, wine regulation was left to state control, and was then subjected to National Prohibition. The 21st Amendment repealed Prohibition and returned regulation to the states. More recently, state regulation seemingly authorized by the 21st Amendment has been subjected to constitutional scrutiny under the Commerce Clause. Wine is an agricultural food product, but it is often considered a luxury item, meaning that branding and marketing play important roles in the distribution process.

In this book, the intricate and rich history of wine as a national and international product, a food item, and an important part of culture combines with local, state, national and international law to create a quintessential "capstone." The book's wide range of topics include chapters on growing issues (organic wine, genetic modification, production rules), distribution and related constitutional issues (interstate shipping, Commerce Clause, the 21st Amendment), and labeling issues (Certificates of Label Approval, trademark, risk and benefit labeling). Because of the uniquely international nature of the wine industry, most chapters of the book are drafted with a significant international or comparative component. The book provides particular attention to the continuing conflict between the "Old World," which views the "terroir" or geography of wine production as one of the most important components of wine, and the "New World," which views ingredients and process as the more relevant indicia of quality. This conflict plays out through domestic and international statutes, treaties, and cases. Finally, the book focuses on legal issues associated with drinking, including the impact of alcohol on tort law.