I
105TH CONGRESS
1ST SESSION
H. R. 1982
To carry out a comprehensive program dealing with alcohol and alcohol
abuse.
IN THE HOUSE OF REPRESENTATIVES
JUNE 19, 1997
Mr. KENNEDY of Massachusetts introduced the following bill; which was re-
ferred to the Committee on Commerce, and in addition to the Committees
on Ways and Means, Education and the Workforce, and Agriculture, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
A BILL
To carry out a comprehensive program dealing with alcohol
and alcohol abuse.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Comprehensive Alcohol
Abuse Prevention Act of 1997’’.
TITLE I—CHILDREN AND
ALCOHOL ADVERTISING
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Children’s Protection
from Alcohol Advertising Act of 1996’’.
SEC. 102. FINDINGS.
The Congress makes the following findings:
(1) In 1995, the Department of Health and
Human Services found that there is a significant un-
derage drinking problem and estimated that there
are 11 million drinkers of alcoholic beverages who
are under the age of 21. Of that number, 2 million
are heavy drinkers of such beverages.
(2) In 1996, the proportion of students having
5 or more drinks in a row during the 2 week period
preceding the Monitoring the Future Survey were 16
percent for 8th graders, 25 percent for 10th grad-
ers, and 30 percent for 12th graders.
(3) The median age at which children begin
drinking alcoholic beverages is just over 13 years. 55
percent of students in the 8th grade have tried an
alcoholic beverage.
(4) A 1995 survey found that 50 percent of the
teenagers who were asked said that alcohol is a more
serious problem among today’s youth than illicit
drugs.
(5) In 1993, nearly 10 percent (over 110,000)
of the clients admitted to State-funded alcohol treat-
ment programs were under the age of 21.
(6) Alcoholic beverage companies spent $2 bil-
lion to advertise and promote their products in
1995. The budget of the National Institute on Alco-
hol Abuse and Alcoholism for the same year was
$176 million.
(7) According to a study published in the Amer-
ican Journal of Public Health, viewing beer ads on
television may predispose young people to drinking
beer. Children who are more aware of beer advertise-
ments hold more favorable beliefs about drinking
beer and intend to drink beer more frequently as
adults.
(8) Almost half of all adults think that alcohol
industry advertising greatly influences underage
youth to drink alcoholic beverages, another one-third
think industry advertising has some influence.
SEC. 103. ADVERTISING REQUIREMENTS.
(a) PROHIBITIONS.—
(1) GENERAL
RULE.—Except as provided in
paragraph (2), no alcoholic beverage may be adver-
tised or promoted on any audio tape, audio disc, vid-
eotape, video arcade game, computer game or in
film. No outdoor advertising of alcoholic beverages
may be located within 1000 feet of any school, play-
ground, or other public facility where individuals
under the age of 21 are reasonably expected to con-
vene.
(2) EXCEPTION.—Paragraph (1) does not apply
to any manufacturing or selling alcohol beverages if
such videotape is to be viewed only by other persons
engaged in such business.
(b) PRINT ADVERTISING.—In publications with an
under the age of 21 readership of 15 percent or more than
2 million, whichever is less, alcohol advertising shall be
restricted to text only advertising in black and white print.
(c) BROADCAST ADVERTISING.—Any advertising of
an alcoholic beverage in a television broadcast shall, dur-
ing the hours between 7 A.M. and 10 P.M., be limited
to only a picture of the beverage with factual, objective
audio information about the beverage.
(d) SPONSORSHIP.—An event may be sponsored by
an alcohol beverage manufacturer in the corporate name
only and not in the brand name of the alcoholic beverage.
(e) PROMOTIONAL ITEMS.—
(1) GENERAL RULE.—No person may manufac-
ture or distribute a product which is a non-beverage
product with an identifiable brand of an alcoholic
beverage manufacturer. Such a product shall bear
the corporate name of the alcoholic beverage manu-
facturer.
(2) EXCEPTION.—Paragraph (1) does not apply
to any product prepared by a person engaged in the
business of manufacturing or selling alcohol bev-
erages if such product is to be made available only
to other persons engaged in such business.
(f) ENFORCEMENT.—
(1) CRIMINAL PENALTY.—Any person who vio-
lates the restrictions prescribed by subsection (a),
(b), or (c) shall be guilty of a misdemeanor and shall
on conviction thereof be subject to a fine of not more
than $10,000.
(2) INJUNCTION.—The district courts of the
United States shall have jurisdiction, for cause
shown, to prevent and restrain violation of restric-
tions prescribed by subsection (a), (b), or (c) upon
application of the Attorney General of the United
States acting through the United States attorneys in
their districts.
TITLE II—HIGHER EDUCATION
AND ALCOHOL ABUSE PRE-
VENTION
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘College Campus Alco-
hol Abuse Prevention and Education Act’’.
SEC. 202. HIGHER EDUCATION AND DRUG AND ALCOHOL
ABUSE PREVENTION.
(a) SPECIFIC PROGRAMS.—Section 1213 of the High-
er Education Act of 1965 (20 U.S.C. 1145g) is amend-
ed—
(1) in subsection (a), by striking ‘‘and’’ at the
end of paragraph (1)(D), by redesignating para-
graph (1)(E) as paragraph (1)(I), and by inserting
after paragraph (1)(D) the following:
‘‘(E) a prohibition on the distribution of
any promotional material that encourages the
consumption of alcoholic beverages on campus;
‘‘(F) a prohibition of the distribution of
free alcoholic beverages for promotional pur-
poses on the campus;
‘‘(G) a prohibition on sponsorship or public
support of any on-campus athletic, musical, cul-
tural, or social program, event, or competition
by any alcoholic beverage company or by any
group of such companies;
‘‘(H) limiting alcoholic beverage advertise-
ments in the institution of higher education’s
newspapers and other publications to price and
product identification; and’’;
(2) in subsection (a), by inserting after and
below paragraph (2)(B) the following: ‘‘Identifica-
tion, referral, or treatment of students and employ-
ees shall not jeopardize the matriculation status of
the students or the employment of the employees.’’;
and
(3) in subsection (c)(2), by striking ‘‘(a)(1)(E)’’
and inserting ‘‘(a)(1)(I)’’.
(b) STUDENT AND EMPLOYEE INVOLVEMENT.—Sec-
tion 1213(b) of the Higher Education Act of 1965 (20
U.S.C. 1145g(b)) is amended by adding at the end the
following: ‘‘Such items shall be developed and adopted
with student and employee participation.’’.
(c) WAIVER OF SANCTIONS.—Section 1213(c) of the
Higher Education Act of 1965 (20 U.S.C. 1145g(c)) is
amended by adding at the end the following:
‘‘(3) Upon application by an institution of higher edu-
cation, the Secretary shall grant a waiver of sanctions au-
thorized by subsection (a)(1)(I) to any institution of high-
er education which demonstrates that it is in the process
of developing and implementing a plan required by sub-
section (a) for up to one year from the date of the enact-
ment of this paragraph.’’.
SEC. 203. GRANTS AND CONTRACTS.
(a) GRANT
AND CONTRACT AUTHORITY.—Section
1213 of the Higher Education Act of 1965 (20 U.S.C.
1145g) is amended by adding at the end the following:
‘‘(e)(1) The Secretary may make grants to institu-
tions of higher education or consortia of such institutions
and contracts with such institutions and other organiza-
tions to develop, implement, operate, improve, and dis-
seminate programs of prevention, and education (includ-
ing treatment-referral) to reduce and eliminate the illegal
use of drugs and alcohol and their associated violence.
Such contracts may also be used for the support of a high-
er education center for alcohol and drug abuse prevention
which will provide training, technical assistance, evalua-
tion, dissemination and associated services and assistance
to the higher education community as defined by the Sec-
retary and the institutions of higher education.
‘‘(2) Grants and contracts shall be made available
under paragraph (1) on a competitive basis. An institution
of higher education, a consortium of such institutions, or
other organizations which desire to receive a grant or con-
tract under paragraph (1) shall submit an application to
the Secretary at such time, in such manner, and contain-
ing or accompanied by such information as the Secretary
may reasonably require by regulation.
‘‘(3) The Secretary shall make every effort to en-
sure—
‘‘(A) the equitable participation of private and
public institutions of higher education (including
community and junior colleges), and
‘‘(B) the equitable geographic participation of
such institutions,
in grants and contracts under paragraph (1). In the award
of such grants and contracts, the Secretary shall give ap-
propriate consideration to institutions of higher education
with limited enrollment.’’.
(b) REPEAL.—Section 4122 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7132) is re-
pealed.
SEC. 204. NATIONAL RECOGNITION AWARDS.
(a) AWARDS.—For the purpose of providing models
of alcohol and drug abuse prevention and education (in-
cluding treatment-referral) programs in higher education
and to focus national attention on exemplary alcohol and
drug abuse prevention efforts, the Secretary of Education
shall, on an annual basis, make 10 National Recognition
Awards to institutions of higher education that have devel-
oped and implemented effective alcohol and drug abuse
prevention and education programs. Such awards shall be
made at a ceremony in Washington, D.C. and a document
describing the programs of those who receive the awards
shall be distributed nationally.
(b) APPLICATION.—
(1) IN
GENERAL.—A national recognition
award shall be made under subsection (a) to institu-
tions of higher education which have applied for
such award. Such an application shall contain—
(A) a clear description of the goals and ob-
jectives of the alcohol and drug abuse programs
of the institution applying,
(B) a description of program activities that
focus on alcohol and other drug policy issues,
policy development, modification, or refinement,
policy dissemination and implementation, and
policy enforcement;
(C) a description of activities that encour-
age student and employee participation and in-
volvement in both activity development and im-
plementation;
(D) the objective criteria used to determine
the effectiveness of the methods used in such
programs and the means used to evaluate and
improve the program efforts,
(E) a description of special initiatives used
to reduce high-risk behavior or increase low risk
behavior, or both, and
(F) a description of coordination and
networking efforts that exist in the community
in which the institution is located for purposes
of such programs.
(2) ELIGIBILITY CRITERIA.—All institutions of
higher education which are two- and four-year col-
leges and universities that have established a drug
and alcohol prevention and education program are
eligible to apply for a National Recognition Award.
To receive such an Award an institution of higher
education must be nominated to receive it. An insti-
tution of higher education may nominate itself or be
nominated by others such as professional associa-
tions or student organizations.
(3) APPLICATION
REVIEW.—The Secretary of
Education shall appoint a committee to review appli-
cations submitted under paragraph (1). The commit-
tee may include representatives of Federal depart-
ments or agencies whose programs include alcohol
and drug abuse prevention and education efforts, di-
rectors or heads (or their representatives) of profes-
sional associations that focus on prevention efforts,
and non-Federal scientists who have backgrounds in
social science evaluation and research methodology
and in education. Decisions of the committee shall
be made directly to the Secretary without review by
any other entity in the Department of Education.
(4) REVIEW CRITERIA.—Specific review criteria
shall be developed by the Secretary in conjunction
with the appropriate experts. In reviewing applica-
tions under paragraph (3) the committee shall con-
sider—
(A) measures of effectiveness of the pro-
gram of the applicant that should include
changes in the campus alcohol and other drug
environment or climate and changes in alcohol
and other drug use before and after the initi-
ation of the program; and
(B) measures of program institutionaliza-
tion, including an assessment of needs of the
institution, the institution’s alcohol and drug
policies, staff and faculty development activities,
drug prevention criteria, student, faculty, and
campus community involvement, and a continu-
ation of the program after the cessation of ex-
ternal funding.
(c) AUTHORIZATION.—For the implementation of the
awards program under this section, there are authorized
to be appropriated $25,000 for fiscal year 1996, $66,000
for each of the fiscal years 1997 and 1998, and $72,000
for each of the fiscal years 1999, 2000, 2001, and 2002.
TITLE III—DEDUCTIONS FOR AL-
COHOL 
ADVERTISING 
OR
PROMOTION
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘The Alcohol Pro-
motion and Advertising Tax Fairness Act’’.
SEC. 302. DISALLOWANCE OF DEDUCTION FOR ADVERTIS-
ING AND GOODWILL EXPENSES RELATING TO
ALCOHOLIC BEVERAGES.
(a) IN GENERAL.—Part IX of subchapter B of chap-
ter 1 of the Internal Revenue Code of 1986 (relating to
items not deductible) is amended by adding at the end
the following new section:
‘‘SEC. 280I. ADVERTISING AND GOODWILL EXPENDITURES
RELATING TO ALCOHOLIC BEVERAGES.
‘‘(a) IN GENERAL.—No deduction otherwise allow-
able under this chapter shall be allowed for any amount
paid or incurred to advertise (by means of television,
radio, other electronic means, newspaper or other periodi-
cal, billboard, or any other means), or promote goodwill
regarding, any alcoholic beverage.
‘‘(b) ALCOHOLIC BEVERAGE.—For purposes of this
section, the term ‘alcoholic beverage’ means any item
which is subject to tax under subpart A, C, or D of part
I of subchapter A of chapter 51 (relating to taxes on dis-
tilled spirits, wines, and beer).’’.
(b) CLERICAL AMENDMENT.—The table of sections
for part IX of subchapter B of chapter 1 of such Code
is amended by adding at the end the following new item:
‘‘Sec. 280I. Advertising and goodwill expenditures relating to alco-
holic beverages.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to amounts paid or incurred after
the date of the enactment of this Act.
TITLE IV—PROMOTION OF
ALCOHOLIC BEVERAGES
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘End Taxpayer Pro-
motion of Alcohol Overseas Act’’.
SEC. 402. PROHIBITION ON PROMOTION OF ALCOHOLIC
BEVERAGES.
Section 203 of the Agricultural Trade Act of 1978
(7 U.S.C. 5623) is amended by adding at the end the fol-
lowing:
‘‘(h) PROHIBITION ON PROMOTION OF ALCOHOLIC
BEVERAGES.—None of the funds appropriated or other-
wise made available to carry out this section may be used
to promote the sale or export of alcohol or alcoholic bev-
erages.’’.
TITLE V—ALCOHOL
ADVERTISING
SEC. 501. SHORT TITLE.
This title may be cited as the ‘‘Alcohol Advertising
Accountability Act of 1996’’.
SEC. 502. REPORT OF FEDERAL TRADE COMMISSION ON AL-
COHOL ADVERTISING.
(a) ACTION
BY
THE FEDERAL TRADE COMMIS-
SION.—The Federal Trade Commission shall report annu-
ally to the Congress on alcohol advertising, its profile and
its effects.
(b) REVIEW.—The Federal Trade Commission shall
review alcohol advertising in all media, including broadcast
and cable television, other electronic means, and print and
outdoor advertising and review promotional activities un-
dertaken to promote the sale of alcoholic beverages.
(c) REPORT CONTENT.—The report of Federal Trade
Commission shall include—
(1) an identification of—
(A) the extent to which underage persons
are exposed to alcohol advertising in the broad-
cast media,
(B) the total expenditures for alcoholic
beverage advertising in each medium and in
promotions,
(C) the extent to which media program au-
diences are under the age of 21 and the propor-
tion of all underage persons in the potential
viewing audience,
(D) the number of television and cable al-
cohol beverage advertisements that appear dur-
ing each broadcast hour and the proportion of
such advertisements to all advertisements dur-
ing each such hour,
(E) an identification of the types and
themes of alcohol advertising in all media (espe-
cially in broadcast) and other electronic means,
(F) any graphics, slogans, and characters,
including music and sound effects, and tech-
niques that are used in alcohol beverage adver-
tising, and
(G) the extent to which other promotional
efforts used to market alcoholic beverages which
appear in clothing, sporting events, contests,
and concerts appeal to individuals under the
age of 21;
(2) a determination of the extent to which
young people are exposed to alcohol advertising and
promotions of alcoholic beverages;
(3) an evaluation of the relationship between al-
cohol advertising practices and underage drinking,
drunk driving, and related public health problems;
and
(4) an evaluation of alcohol industry sponsored
campaigns addressing public service and prevention
messages for underage drinking, drunk driving, and
other alcohol-related topics.
(d) RECOMMENDATIONS.—The report of the Federal
Trade Commission under subsection (a) shall also include
such recommendations for legislation as the Commission
determines are appropriate.
TITLE VI—HEALTH WARNINGS
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘Sensible Advertising
and Family Education Act’’.
SEC. 602. FINDINGS.
Congress makes the following findings:
(1) Alcohol is by far the drug most widely used
and abused by young people in the United States
today, even though it is illegal for youths under the
age of 21 to purchase alcohol in all 50 of the States
and the District of Columbia.
(2) According to the National Institute on Alco-
hol Abuse and Alcoholism, an estimated 18,000,000
persons in the United States who are 18 or older
currently experience problems as a result of alcohol
use. An estimated 4,500,000 young people are de-
pendent on alcohol or are problem drinkers.
(3) According to the 1996 National Institute on
Drug Abuse survey of high school students and
young adults (entitled ‘‘Monitoring the Future’’), 79
percent of high school seniors, 72 percent of tenth
graders, and 55 percent of eighth graders had used
alcohol at least once. Thirty percent of high school
seniors, 25 percent of tenth graders, and 16 percent
of eighth graders had experienced a ‘‘binge’’ of 5 or
more drinks in a row within the past 2 weeks.
Among college students, 88 percent reported having
used alcohol and 40 percent reported occasions of
binge drinking, including 31 percent of the females
and 52 percent of the males.
(4) The average age at which young people
begin drinking is 13. By age 13, approximately 30
percent of boys and 22 percent of girls classify
themselves as drinkers. According to the 1996
‘‘Monitoring the Future’’ survey, 27 percent re-
ported having been drunk by eighth grade, 49 per-
cent by tenth grade, and 62 percent by twelfth
grade. Studies demonstrate that the use of alcohol
before the age of 15 appears to be one of the predic-
tors of later heavy alcohol and other drug use.
(5) According to a national survey on youth and
alcohol (Inspector General of the Department of
Health and Human Services, 1991), the average
binge drinker is a 16 year-old male in the tenth
grade who was 12 years old when he took his first
drink.
(6) Young people are not well informed about
the hazards of alcohol use. More than one quarter
of high school seniors do not view taking one or two
drinks nearly every day as entailing great risk. Ap-
proximately 45 percent of eighth graders, 47 percent
of tenth graders, and 53 percent of twelfth graders
do not perceive having 5 or more drinks once or
twice a weekend as entailing a great risk (1995
‘‘Monitoring the Future’’ survey). More than 2.6
million students do not know a person can die from
an overdose of alcohol. A projected 259,000 students
think that wine coolers or beer cannot get a person
drunk, make a person sick, or do as much harm as
other alcoholic beverages (Inspector General of the
Department of Health and Human Services, 1991).
(7) According to Healthy People 2000, the Na-
tional Health Promotion and Disease Prevention Ob-
jectives—
(A) nearly one-half of all deaths from
motor vehicle crashes are alcohol-related;
(B) alcohol is implicated in nearly one-half
of all fatal intentional injuries such as suicides
and homicides; and
(C) victims are intoxicated in approxi-
mately one-third of all homicides, drownings,
and boating deaths.
(8) An estimated 25 percent of all hospitalized
persons have alcohol-related problems.
(9) Alcohol in combination with other drugs is
the leading cause of emergency room drug abuse epi-
sodes.
(10) In 1995, chronic liver disease, including
cirrhosis, was the 11th leading cause of death in the
United States. Of 41,000 deaths attributed to liver
disease in the United States, 46 percent diagnosti-
cally were associated with alcohol. Heavy alcohol use
is considered the most important risk factor for
chronic liver disease. Even among liver disease
deaths not coded as alcohol-related, approximately
50 percent are thought to be due to alcohol use.
(11) Between 5 and 24 percent of hypertension
cases are associated with alcohol. Many cases diag-
nosed as essential hypertension (high blood pressure
having no known causes) may actually have chronic
alcohol ingestion as their cause.
(12) Alcohol abuse is strongly associated with
increased risk of cancer, especially cancer of the
liver, esophagus, nasopharynx, and larynx. Alcohol is
also associated with dietary deficiency that may in-
crease cancer risk.
(13) Treatment costs for fetal alcohol syndrome
(referred to in this paragraph as ‘‘FAS’’) and other
alcohol-related birth defects in the United States are
estimated at nearly a third of a billion dollars. FAS
is one of the top 3 known causes of birth defects
with accompanying mental retardation and the only
known preventable cause among the top three.
Among children born to women who drink heavily,
the incidence of FAS may be as high as 25 per
1,000 live births. Among children born to other
women, the FAS incidence is between 1 to 3 infants
with the syndrome per 1,000 live births. The inci-
dence of other alcohol-related birth defects is esti-
mated to be 3 times greater than that of FAS.
(14) The alcoholic-beverage industry spends ap-
proximately $2,000,000,000 each year on advertising
and promotions in the United States.
(15) Alcohol advertising, especially in the
broadcast media, represents the single greatest
source of alcohol education for persons in the United
States. According to a 1990 study of 10 to 13 year-
olds, funded by the American Automobile Associa-
tion Foundation for Traffic Safety, there is a rela-
tionship between exposure and attention by an indi-
vidual to beer advertising and expectations that the
individual drink as an adult.
(16) A major 1981 federally funded study
found a significant relationship between—
(A) exposure of individuals to alcoholic-
beverage advertising as youth; and
(B) drinking behaviors and attitudes of the
individuals that can lead to certain forms of
problem drinking.
(17) According to the Department of Health
and Human Services, sponsorships and promotions
on college campuses by alcohol producers and the
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. 603. 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 703(a), one of the fol-
lowing 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. If you are pregnant and
can’t stop drinking, call [insert appropriate toll
free number].
SURGEON GENERAL’S WARNING: Alcohol
is a drug and may be addictive. If you know
someone who has an alcohol or other drug prob-
lem or has trouble controlling their drinking,
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 impairs your
ability to drive a car or operate machinery. If
you or people you love drink and drive, call [in-
sert appropriate toll free number].
SURGEON GENERAL’S WARNING: Don’t
mix alcohol with over-the-counter, prescription,
or illicit drugs. For more information call [in-
sert appropriate toll free number].
SURGEON GENERAL’S WARNING: If you
drink too much alcohol too fast, you can die
from alcohol poisoning. To find out more about
alcohol poisoning call [insert appropriate toll
free number].
SURGEON GENERAL’S WARNING: Drink-
ing 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 [insert appro-
priate 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 703(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 de-
fects.
SURGEON GENERAL’S WARNING: Alcohol
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, prescription,
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: Drink-
ing too much alcohol increases your risk of high
blood pressure, liver disease, and cancer.
(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. 604. REQUIREMENTS.
(a) IN GENERAL.—The health warnings required for
alcoholic beverage advertisements by section 703(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 702(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. 605. DEFINITIONS.
As used in this title—
(1) the term ‘‘alcoholic beverage’’ includes any
beverage 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. 606. 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 803.
(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 title as the Secretary determines to be
appropriate and in the public interest.
TITLE VII—INGREDIENT LABEL-
ING FOR MALT BEVERAGES,
WINE, AND DISTILLED SPIR-
ITS
SEC. 701. SHORT TITLE.
This Act may be cited as the ‘‘Truth in Alcohol Bev-
erage Labeling Act’’.
SEC. 702. LABELING.
Section 403 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 343) is amended by adding at the end the
following:
‘‘(t)(1) If it is a malt beverage (including malt liquor
or malt cooler), wine (including wine cooler or fortified
wine), or distilled spirit (including distilled spirit cooler)
unless it bears a label which—
‘‘(A) discloses in a non promotional manner the
alcoholic content by volume,
‘‘(B) discloses the number of drinks it contains
rounded to the nearest quarter drink,
‘‘(C) discloses its ingredients and calories per
container and per drink,
‘‘(D) discloses the common or usual name of
each ingredient (including additives), and
‘‘(E) bears the following statement: ‘If you or
someone you know has a drinking problem, a call
may be made to (reference to a toll-free number es-
tablished and operated by the Secretary) for help’.
‘‘(2) For purposes of paragraph (1):
‘‘(A) The term ‘malt beverage’ means a bev-
erage made by the alcoholic fermentation of an infu-
sion or decoction, or combination of both, in potable
brewing water of malted barley with hops, or their
parts or products, with or without other malted cere-
als, with or without the addition of unmalted or pre-
pared cereals, other carbohydrates, or materials pre-
pared, with or without the addition of carbon diox-
ide, and with or without other wholesome products
suitable for human food consumption.
‘‘(B) The term ‘wine’ means wine as defined in
sections 610 and 617 of the Revenue Act of 1918
and other alcoholic beverages made in the manner of
wine, including sparkling and carbonated wine, wine
made from condensed grape must, wine made from
other agricultural products than the juice of sound,
ripe grapes, imitation wine, wine compounds sold as
wine, vermouth, cider, perry, and sake if it contains
not less than 7 percent and not more than 24 per-
cent of alcohol by volume and if for nonindustrial
use.
‘‘(C) The term ‘distilled spirit’ means ethyl al-
cohol, hydrated oxide of ethyl, spirits of wine, whis-
ky, rum, brandy, gin, and other distilled spirits, in-
cluding all dilutions and mixtures thereof for non-
industrial use. Such term does not include mixtures
containing wine, bottled at 48 degrees of proof or
less if the mixture contains more than 50 percent
wine on a proof gallon basis.
‘‘(D) The term ‘drink’ is a serving of a malt
beverage, wine, or distilled spirit which contains .6
ounces of alcohol by volume.
‘‘(3) The Secretary shall by regulation require that
the information required on a container of a malt bev-
erage, wine, or distilled spirit label by subparagraph (1)—
‘‘(A) be located in a conspicuous place on such
label,
‘‘(B) appear in conspicuous and legible type
which is in contrast by typography, layout, and color
with other printed matter and which is of a size no
less than one-sixteenth of an inch in height,
‘‘(C) be displayed horizontally,
‘‘(D) be easily legible when the container is held
in the usual way, and
‘‘(E) be offset by borders.’’.
SEC. 703. AUTHORIZATION.
There is authorized to be appropriated to the Sec-
retary $500,000 for fiscal year 1996 and each succeeding
fiscal year to establish and operate the toll-free number
referred to in section 403(t)(1)(E) of the Federal Food,
Drug, and Cosmetic Act (as added by section 701).
SEC. 704. REPORT.
The report required by section 206 of the Alcoholic
Beverage Labeling Act of 1988 shall be filed within 3
months of the date of the enactment of this Act.
Æ