use of celebrities and youth-oriented musical groups
in advertising create a pro-drinking environment.
(18) Over 80 percent of 2,000 adults surveyed
in 1988 for the Bureau of Alcohol, Tobacco, and
Firearms by the Opinion Research Corporation be-
lieve that alcohol advertising influences underage
youth to drink alcoholic beverages. The survey also
found that the general public feels that the young
people of the United States constitute the group that
is most at risk from drinking alcoholic beverages.
(19) The 1988 Surgeon General’s Workshop on
Drunk Driving has recommended—
(A) that the level of alcoholic-beverage ad-
vertising be matched with an equal number of
pro-health and pro-safety messages; and
(B) the inclusion of health warning mes-
sages in all alcohol advertising.
(20) The National Commission on Drug-Free
Schools’ September 1990 Final Report, ‘‘Toward a
Drug-Free Generation: A Nation’s Responsibility’’
recommends that Congress—
(A) require additional health and safety
messages on all alcohol products and advertis-
ing for the products; and
(B) consider enacting a ban on advertising
and promotion of alcohol if alcohol advertising
still targets youth and glamorizes alcohol use
two years following the publication of the re-
port.
(21) Over two-thirds of persons surveyed
in a 1989 Wall Street Journal poll favor requir-
ing warnings about the dangers of drinking
both on alcoholic-beverage containers and in al-
cohol advertisements. Nearly three-fourths of
persons surveyed in a 1990 Gallup Poll favor
requiring health warning messages in alcohol
advertising.
SEC. 3. HEALTH WARNINGS.
(a) IN GENERAL.—On and after the expiration of the
6-month period following the date of enactment of this
Act, it shall be an unfair or deceptive act or practice under
section 6 of the Federal Trade Commission Act for any
person to—
(1) advertise or cause to be advertised through
magazines, newspapers, brochures, and promotional
displays within the United States any alcoholic bev-
erage unless the advertising bears, in accordance
with requirements of section 3(a), one of the follow-
ing health warnings:
SURGEON GENERAL’S WARNING: If
you are pregnant, don’t drink. Drinking alcohol
during pregnancy may cause mental retardation
and other birth defects. Avoid alcohol during
pregnancy. If you are pregnant and can’t stop
drinking, call [insert appropriate toll free num-
ber].
SURGEON GENERAL’S WARNING: Al-
cohol is a drug and may be addictive. If you
know someone who has an alcohol or other drug
problem or has trouble controlling their drink-
ing, call [insert appropriate toll free number].
SURGEON 
GENERAL’S 
WARNING:
Drive sober. If you don’t, you could lose your
driver’s license or even your life. Alcohol im-
pairs your ability to drive a car or operate ma-
chinery. If you or people you love drink and
drive, call [insert appropriate toll free number].
SURGEON 
GENERAL’S 
WARNING:
Don’t mix alcohol with over-the-counter, pre-
scription, or illicit drugs. For more information
call [insert appropriate toll free number].
SURGEON GENERAL’S WARNING: If
you drink too much alcohol too fast, you can
die. You can be poisoned by alcohol if you drink
[insert number of drinks] in [insert time]. To
find out more about alcohol poisoning call [in-
sert appropriate toll free number].
SURGEON 
GENERAL’S 
WARNING:
Drinking increases your risks of high blood
pressure, liver disease, and cancer. The more
you drink, the more likely it is that you will
have such health problems. To find out how to
prevent getting such health problems call [in-
sert appropriate toll free number]., or
(2) advertise or cause to be advertised through
radio, television broadcasting (including cable broad-
casting and paid per view or subscription television),
or other electronic means any alcoholic beverage un-
less the advertising includes, in accordance with re-
quirements of section 3(b), one of the following
health warnings:
SURGEON GENERAL’S WARNING: If
you are pregnant, don’t drink alcohol. Alcohol
may cause mental retardation and other birth
defects.
SURGEON GENERAL’S WARNING: Al-
cohol is a drug and may be addictive.
SURGEON 
GENERAL’S 
WARNING:
Drive sober. If you don’t, you could lose your
driver’s license or even your life.
SURGEON 
GENERAL’S 
WARNING:
Don’t mix alcohol with over-the-counter, pre-
scription, or illicit drugs.
SURGEON GENERAL’S WARNING: If
you drink too much alcohol too fast, you can die
of alcohol poisoning.
SURGEON 
GENERAL’S 
WARNING:
Drinking too much alcohol increases your risk
of high blood pressure, liver disease, and can-
cer.
(b) TOLL FREE NUMBERS.—The Secretary of Health
and Human Services shall be responsible for establishing
and maintaining the toll free numbers referred to in the
health warnings required by subsection (a)(1). The Sec-
retary shall report to Congress annually on the number
of calls received using those numbers.
SEC. 4. REQUIREMENTS.
(a) IN GENERAL.—The health warnings required for
alcoholic beverage advertisements by section 3(a)(1)
shall—
(1) be located in a conspicuous and prominent
place on each such advertisement, as determined by
the Secretary of Health and Human Services in reg-
ulations to take effect no later than 6 months after
the date of the enactment of this Act,
(2) shall require that all the regulations issued
by the Secretary under paragraph (1) shall require
that all letters in such health warnings appear in
conspicuous and legible type that is not script or
italic and that such health warnings be in contrast
by typography, layout, and color with all other print-
ed material in the advertisement, be surrounded by
typographic lines that form a box, and, on an appro-
priate visual medium, appear on the front of an ad-
vertisement as indicated by labeling of the manufac-
turer or importer, and
(3) be rotated in an alternating sequence on
each advertisement of a brand style in accordance
with a plan submitted by such manufacturer or im-
porter to the Secretary.
The Secretary shall approve a plan submitted under para-
graph (3) by a manufacturer or importer that assures that
each sequence of the same or substantially similar adver-
tisement for a brand style has displayed upon it an equal
distribution of each health warning at the same time. If
an application is approved by the Secretary, the rotation
shall apply with respect to the applicant during the one-
year period beginning on the date of the application ap-
proval.
(b) RADIO AND TELEVISION.—
(1) WARNINGS.—The health warnings required
for alcoholic beverage advertisements placed on radio
or television broadcasting by section 2(a)(2) shall—
(A) be included in a conspicuous and
prominent manner in such advertisement, as
determined by the Secretary of Health and
Human Services in regulations to take effect
not later than 6 months after the date of the
enactment of this Act, and
(B) be rotated in an alternating sequence
on each such advertisement of a brand style in
accordance with a plan submitted by such man-
ufacturer or importer to the Secretary.
The Secretary shall approve a plan submitted under
subparagraph (B) by a manufacturer or importer
that assures that an equal distribution of each of the
health warnings is displayed on each sequence of the
same or substantially similar advertisement for a
brand style at the same time. If an application is ap-
proved by the Secretary, the rotation shall apply
with respect to the applicant during the one-year pe-
riod beginning on the date of the application ap-
proval.
(2) REGULATIONS.—The regulations issued by
the Secretary under paragraph (1) shall require—
(A) that such health warnings be read as
part of an alcoholic beverage advertisement in
an audible and deliberate manner and in a
length of time that allows for a clear under-
standing of the health warning message by the
intended audience, and
(B) that for television a graphic represen-
tation of such health warning be included after
each advertisement, that all letters in such
health warning appear in conspicuous and leg-
ible type that is not script or italic, that such
health warning be surrounded by typographic
lines that form a box, and that such health
warning appear in the same length of time si-
multaneously with the reading of the message
required by subparagraph (A).
SEC. 5. DEFINITIONS.
As used in this Act—
(1) the term ‘‘alcoholic beverage’’ includes any
beverage in liquid form which contains not less than
one-half of one percent of alcohol by volume and is
intended for human consumption,
(2) the term ‘‘person’’ includes a State, a State
agency, or an officer or employee of a State or State
agency, and
(3) the term ‘‘State’’ includes—
(A) any political subdivision of a State,
(B) the District of Columbia,
(C) the Commonwealth of Puerto Rico,
(D) the Commonwealth of the Northern
Mariana Islands,
(E) Guam,
(F) the Virgin Islands,
(G) American Samoa,
(H) Wake Island,
(I) the Midway Islands,
(J) Kingman Reef, and
(K) Johnston Island.
SEC. 6. REPORT TO CONGRESS.
(a) INVESTIGATION.—Not earlier than 2 years after
the date of the enactment of this Act, the Secretary of
Health and Human Services shall conduct an appropriate
investigation and consult with the Surgeon General to de-
termine whether available scientific information would jus-
tify a change in, an addition to, or deletion of, a health
warning set forth in section 3.
(b) REPORT.—If the Secretary of Health and Human
Services finds that available scientific information would
justify the change, addition, or deletion described in sub-
section (a), the Secretary shall promptly submit a report
to the appropriate committees of Congress containing—
(1) the information; and
(2) specific recommendations for such amend-
ments to this Act as the Secretary determines to be
appropriate and in the public interest.
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