Tastes great! Less filling! The regulation of alcohol advertising in modern Ontario: a study in the regulation of commercial speech

This thesis examines the regulation of alcohol advertising in Ontario between the years 1968 and 1990. This examination is framed as a study in the regulation of commercial speech. Accordingly, it does not attempt to develop some universally applicable model of regulatory behaviour; rather, it focuses on the problems and perspectives which arise when the control of commercial speech is considered. Consequently, it identifies the parties who were involved in the debate over the regulation of commercial speech, the issues which arose in the course of that debate, and the regulatory initiatives which public officials adopted in response to that debate. It also assesses the success of regulatory efforts, and notes the difficulties which seem inherent in the control of commercial speech. Discussion of events is organized both chronologically and thematically. Discussion is initially divided into two chronological sub-periods: 1968 to 1978, and 1979 to 1990. This division corresponds with two clusters of important political and commercial developments. Discussion within each sub-period is further divided into four broad areas: the regulatory environment; the regulatory response; alcohol advertising, and the impact of regulation. The thesis identifies four developments which influenced the regulatory environment between 1968 and 1979: the adoption of an interventionist philosophy of regulation by the Trudeau government; the rejuvenation of temperance groups; division and conflict within the academic community over the effect of alcohol advertising on alcohol consumption; and an aggressive push for more liberal regulation by members of the media, advertising and alcohol industries. Four developments are also identified between the years 1979 and 1990: a stagnant market for beverage alcohol; rising antipathy to drunk driving; federal Health Minister Jake Epp's decision to attack alcohol advertising as a source of social ills; the development of credible scientific arguments in favour of restrictive regulation of alcohol advertising; and an attempt by the Ontario Liberal Party to attract young urban voters by promising to relax alcohol policies. Discussion of the regulatory response to these competing pressures is analyzed by jurisdiction. At the provincial level, regulators in both sub-periods adopted rules governing alcohol advertising which were increasingly complex, but increasingly permissive. At the federal level, regulators in both sub-periods attempted to impose more restrictive rules, but settled for the status quo when they encountered resistance from both industry and their political colleagues. The status quo consisted of rules which prohibited the association of alcohol with certain activities, or the assertion of certain claims about the effect of consuming alcohol. Alcohol advertisements in both periods were found to be characterized primarily by appeals based on sexual success, prestige and status, social acceptance, and hedonistic pleasure. In many cases, such appeals appeared to violate existing regulations. The thesis suggests that efforts to regulate alcohol advertising met with only modest success during both sub-periods. Regulators were plagued by chronically inadequate resources, highly subjective rules; the absence of an organized, articulate, constituency to rely upon for support, and ephemeral subject matter. The thesis concludes that the need for restrictive regulation has been difficult to demonstrate; that restrictive regulation has been politically unpalatable; and that the means of implementing effective regulation have rarely been available. The author doubts the efficacy of future efforts to regulate commercial speech for these reasons.