I

104TH CONGRESS

2D SESSION H. R. 3473

To establish advertising requirements for alcoholic beverages.

IN THE HOUSE OF REPRESENTATIVES

MAY 16, 1996

Mr. KENNEDY of Massachusetts (for himself, Mr. HINCHEY, Mr.

FALEOMAVAEGA, and Mr. FATTAH) introduced the following bill; which

was referred to the Committee on Commerce

A BILL

To establish advertising requirements for alcoholic beverages.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Children’s Protection

5 from Alcohol Advertising Act of 1996’’.

6 SEC. 2. FINDINGS.

7 The Congress makes the following findings:

8 (1) In 1995, the Department of Health and

9 Human Services found that there is a significant un10 derage drinking problem and estimated that there

11 are 11 million drinkers of alcoholic beverages who
2

•HR 3473 IH

1 are under the age of 21. Of that number, 2 million

2 are heavy drinkers of such beverages.

3 (2) In 1995, the proportion of students having

4 5 or more drinks in a row during the 2 week period

5 preceding the Monitoring the Future Survey were 15

6 percent for 8th graders, 24 percent for 10th grad7 ers, and 30 percent for 12th graders.

8 (3) The median age at which children begin

9 drinking alcoholic beverages is just over 13 years. 67

10 percent of students in the 8th grade have tried an

11 alcoholic beverage.

12 (4) A 1995 survey found that 50 percent of the

13 teenagers who were asked said that alcohol is a more

14 serious problem among today’s youth than illicit

15 drugs.

16 (5) In 1993, nearly 10 percent (over 110,000)

17 of the clients admitted to State-funded alcohol treat18 ment programs were under the age of 21.

19 (6) Alcoholic beverage companies spent $2 bil20 lion to advertise and promote their products in

21 1995. The budget of the National Institute on Alco22 hol Abuse and Alcoholism for the same year was

23 $176 million.

24 (7) According to a study published in the Amer25 ican Journal of Public Health, viewing beer ads on
3

•HR 3473 IH

1 television may predispose young people to drinking

2 beer. Children who are more aware of beer advertise3 ments hold more favorable beliefs about drinking

4 beer and intend to drink beer more frequently as

5 adults.

6 (8) Almost half of all adults think that alcohol

7 industry advertising greatly influences underage

8 youth to drink alcoholic beverages, another one-third

9 think industry advertising has some influence.

10 SEC. 3. ADVERTISING REQUIREMENTS.

11 (a) PROHIBITIONS.—

12 (1) GENERAL RULE.—Except as provided in

13 paragraph (2), no alcoholic beverage may be adver14 tised or promoted on any audio tape, audio disc, vid15 eotape, video arcade game, computer game or in

16 film. No outdoor advertising of alcoholic beverages

17 may be located within 1000 feet of any school, play18 ground, or other public facility where individuals

19 under the age of 21 are reasonably expected to con20 vene.

21 (2) EXCEPTION.—Paragraph (1) does not apply

22 to any videotape prepared by a person engaged in

23 the business of manufacturing or selling alcohol bev24 erages if such videotape is to be viewed only by other

25 persons engaged in such business.
4

•HR 3473 IH

1 (b) PRINT ADVERTISING.—In publications with an

2 under the age of 21 readership of 15 percent or more than

3 2 million, whichever is less, alcohol advertising shall be

4 restricted to text only advertising in black and white print.

5 (c) BROADCAST ADVERTISING.—Any advertising of

6 an alcoholic beverage in a television broadcast shall during

7 the hours between 7 A.M. and 10 P.M. be limited to only

8 a picture of the beverage with factual, objective audio in9 formation about the beverage.

10 (d) SPONSORSHIP.—An event may be sponsored by

11 an alcohol manufacturer in the corporate name only and

12 not in the brand name of the alcoholic beverage.

13 (e) PROMOTIONAL ITEMS.—

14 (1) GENERAL RULE.—No person may manufac15 ture or distribute a product which is a non-beverage

16 product with an identifiable brand of an alcoholic

17 beverage manufacturer. Such a product shall bear

18 the corporate name of the alcoholic beverage manu19 facturer.

20 (2) EXCEPTION.—Paragraph (1) does not apply

21 to any product prepared by a person engaged in the

22 business of manufacturing or selling alcohol bev23 erages if such product is to be made available only

24 to other persons engaged in such business.

25 (f) ENFORCEMENT.—
5

•HR 3473 IH

1 (1) CRIMINAL PENALTY.—Any person who vio2 lates the restrictions prescribed by subsection (a),

3 (b), or (c) shall be guilty of a misdemeanor and shall

4 on conviction thereof be subject to a fine of not more

5 than $10,000.

6 (2) INJUNCTION.—The district courts of the

7 United States shall have jurisdiction, for cause

8 shown, to prevent and restrain violation of restric9 tions prescribed by subsection (a), (b), or (c) upon

10 application of the Attorney General of the United

11 States acting through the United States attorneys in

12 their districts.

Æ