Guide to Wine Law

Description & Presentation

The sale, export or import of wine with a false or a misleading description and presentation is illegal under Section 40C and 40E of the Wine Australia Corporation Act. 

“Description and presentation” (as defined in Section 5C of the Wine Australia Corporation Act) is a reference to all names (including business names) or other descriptions, references (including addresses), signs, maps, logos, designs and trade marks used to distinguish the wine. It extends far beyond the label on the product to include cartons, packaging, transport and commercial documents and even advertisements or promotional material relating to the wine.

The Act essentially protects names which appear in the Register of Protected Names (such as geographical indications, traditional expressions and conditions of use of those names), and it does not just apply to the manufacturer. It refers to “a person” and would include a claim by a retailer or restaurateur. Manufacturers are advised to also closely watch what their retailers are saying about their wine, as retailers sometimes assume that a wine comes from where the winery is located, especially if no geographical indication is claimed on the label.

Severe penalties apply under this legislation and prosecution action can be instigated by Wine Australia or any interested party, located here or overseas. False and misleading statements also are subject to the provisions of the Competition and Consumer Act 2010 and State Fair Trading Acts. See Misleading Label Claims.