Ducasse Wine Merchants
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The Pinot noir passing-off controversy arose in 2010 within the wine industry over the passing-off by French distributors of
Merlot Merlot ( ) is a dark-blue-colored wine grape variety that is used as both a blending grape and for varietal wines. The name ''Merlot'' is thought to be a diminutive of , the French name for the blackbird, probably a reference to the color ...
and
Syrah Syrah (), also known as Shiraz, is a dark-skinned grape variety grown throughout the world and used primarily to produce red wine. In 1999, Syrah was found to be the offspring of two obscure grapes from southeastern France, Dureza and Mondeuse ...
wine as
Pinot noir Pinot noir (), also known as Pinot nero, is a red-wine grape variety of the species ''Vitis vinifera''. The name also refers to wines created predominantly from Pinot noir grapes. The name is derived from the French language, French words fo ...
in the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
. The controversy involved the mislabeling of wines from vintners in southern France which were falsely sold to American distributors
E & J Gallo Winery Gallo is an American wine producer and distributor headquartered in Modesto, California. Previously called E & J Gallo Winery, it was founded in 1933 by Ernest Gallo and Julio Gallo of the Gallo family, and is the largest exporter of Califor ...
as Pinot noir. The mislabeling resulted in a French court convicting twelve people for fraud.


Background

Pinot noir wine is considered particularly difficult to make well. American law requires that wine sold as being from a single varietal must be at least 75 percent composed of the grape in question, and within the
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...
, the requirement is a minimum of 85 percent. Accordingly, many American winemakers add less expensive but more robust Merlot and Syrah to improve the mainstream appeal of inexpensive Pinot noir. California wine brands often sell Pinot noir from France, Italy, Chile, and Germany, because it is less expensive to produce there than locally. As a result of the blending and importation practices, wine sold as Pinot noir often does not have the characteristic taste of the grape, and can easily be confused by consumers and experts for other varietals. Languedoc has been known for centuries for producing simpler and cheaper wine, which has sometimes been passed off by wine merchants as more expensive wine from
Bordeaux Bordeaux ( ; ; Gascon language, Gascon ; ) is a city on the river Garonne in the Gironde Departments of France, department, southwestern France. A port city, it is the capital of the Nouvelle-Aquitaine region, as well as the Prefectures in F ...
or
Burgundy Burgundy ( ; ; Burgundian: ''Bregogne'') is a historical territory and former administrative region and province of east-central France. The province was once home to the Dukes of Burgundy from the early 11th until the late 15th century. ...
. The French ''
Appellation d'Origine Contrôlée In France, the ''appellation d'origine contrôlée'' (, ; abbr. AOC ) is a label that identifies an agricultural product whose stages of production and processing are carried out in a defined geographical area – the ''terroir'' – and using ...
'' (AOC) system was created in the 1930s to prevent the practice of mislabeling or diluting expensive wines with cheaper ones.


The fraud

The American producer E&J Gallo received a shipment of bulk wine sufficient to fill 18 million bottles, sold by wholesaler Sieur d'Arques as Pinot noir from the Languedoc-Roussillon wine region of France, which was actually a mix of
Merlot Merlot ( ) is a dark-blue-colored wine grape variety that is used as both a blending grape and for varietal wines. The name ''Merlot'' is thought to be a diminutive of , the French name for the blackbird, probably a reference to the color ...
and
Syrah Syrah (), also known as Shiraz, is a dark-skinned grape variety grown throughout the world and used primarily to produce red wine. In 1999, Syrah was found to be the offspring of two obscure grapes from southeastern France, Dureza and Mondeuse ...
. Sieur d'Arques in turn had bought the wine from Ducasse Wine Merchants, a wine broker, which had bought less expensive Merlot and Syrah from at least eight
agricultural cooperatives An agricultural cooperative, also known as a farmers' co-op, is a producer cooperative in which farmers pool their resources in certain areas of activities. A broad typology of agricultural cooperatives distinguishes between agricultural servic ...
in the Carcassonne area. According to
The Guardian ''The Guardian'' is a British daily newspaper. It was founded in Manchester in 1821 as ''The Manchester Guardian'' and changed its name in 1959, followed by a move to London. Along with its sister paper, ''The Guardian Weekly'', ''The Guardi ...
, French authorities believe that Claude Courset, owner and general manager of Ducasse Wine Merchants, earned approximately 7 million euros from the scam to pass off "cheap plonk" as Pinot noir from January 2006 through March 2008. Gallo had sold the wine under the 2006 vintage of its Red Bicyclette label, at an approximately $8 retail price per bottle, as being 85 percent Pinot noir. Fake Pinot noir was also sold to
Constellation Brands Constellation Brands, Inc. is an American producer and marketer of beer, wine, and spirits. A ''Fortune'' 500 company, Constellation is the largest beer import company in the US, measured by sales, and has the third-largest market share (7.4 pe ...
, and possibly other American brands.


Prosecution

The scheme was discovered during an
audit An audit is an "independent examination of financial information of any entity, whether profit oriented or not, irrespective of its size or legal form when such an examination is conducted with a view to express an opinion thereon." Auditing al ...
of Ducasse Wine Merchants. French investigators were suspicious that the firm was buying Pinot noir wine at 40 percent less than the going rate, in quantities that exceeded the historical production level of the region. On February 17, 2010, 12 people from the
Languedoc-Roussillon Languedoc-Roussillon (; ; ) is a former regions of France, administrative region of France. On 1 January 2016, it joined with the region of Midi-Pyrénées to become Occitania (administrative region), Occitania. It comprised five departments o ...
region of France were convicted by a court in
Carcassonne Carcassonne is a French defensive wall, fortified city in the Departments of France, department of Aude, Regions of France, region of Occitania (administrative region), Occitania. It is the prefectures in France, prefecture of the department. ...
in connection with the
fraud In law, fraud is intent (law), intentional deception to deprive a victim of a legal right or to gain from a victim unlawfully or unfairly. Fraud can violate Civil law (common law), civil law (e.g., a fraud victim may sue the fraud perpetrato ...
, including the head of Ducasse, Claude Courset (described as the "kingpin" of the scheme), executives at Sieur d'Arques, and several cooperatives.


Aftermath

The scandal, described as the largest in French winemaking in recent years, was a public relations "nightmare" that hurt the credibility of the Red Bicyclette brand, and of French wine production generally, at least in the United States. Pinot noir had gained some recognition and popularity among American consumers, in large part due to a conceit in the 2004 independent film
Sideways ''Sideways'' is a 2004 American comedy-drama directed by Alexander Payne and written by Jim Taylor and Payne. A film adaptation of Rex Pickett's 2004 novel, ''Sideways'' follows two men in their forties, Miles Raymond ( Paul Giamatti), a de ...
that it was superior to Merlot wine. As a result, consumers had been willing to pay more for the supposedly superior grape. The British press used the occasion to scoff at American consumers for their supposed lack of sophistication in wine. In March, 2010, a wine writer for the
San Francisco Chronicle The ''San Francisco Chronicle'' is a newspaper serving primarily the San Francisco Bay Area of Northern California. It was founded in 1865 as ''The Daily Dramatic Chronicle'' by teenage brothers Charles de Young and M. H. de Young, Michael H. ...
coined the name "Pinotgate" to describe the scandal. Gallo denied any prior knowledge of the fraud and was not accused of complicity. He has been accused by some of not sufficiently overseeing the quality and authenticity of wine purchased from suppliers. A
class-action lawsuit A class action is a form of lawsuit. Class Action may also refer to: * ''Class Action'' (film), 1991, starring Gene Hackman and Mary Elizabeth Mastrantonio * Class Action (band), a garage house band * "Class Action" (''Teenage Robot''), a 2002 e ...
was filed against Gallo in connection with selling the mislabeled bottles.


References

{{reflist Wine-related scandals 2010 scandals Scandals in France Scandals in the United States February 2010 in Europe February 2010 in France February 2010 in the United States