1% The Difference In Being Called A Wine.
By: Ainsley Brown
In a judicial review case in the UK, a small importer of low alcohol sparkling “wine” was told by the court that it could no longer market its products as such.
And why?
It did not meet the European regulations for minimum alcohol content. According to the regulations to legally qualify as wine a drink has to have at least a 9% alcohol content.
And what was the importer’s content?
Sovio Wines, based in Farnborough, Hampshire, sold its products with – wait for it – a very very low 8% alcohol content. Yes, that’s right 8%, a difference of only 1%. That 1% proved to make all the difference.
The company took the Food Standards Agency (FSA) to court accusing it of “heavy-handed abuse of power,” according to the Times. This is after the FSA forced the company in 2007 to change its labeling.
After all its only 1%.
Well Mrs. Justice Dobbs in her ruling made it quite clear that 1% was indeed an important difference. In upholding the FSA decision Justice Dobbs held firm to the 9% European regulations – leaving no ambiguity in the law. Moreover, she rejected Sovio’s claim to legitimate expectation, arising from earlier assurances it claims it got form the FSA that it could sell its products in the UK.