I
105TH CONGRESS
1ST SESSION
H. R. 1978
To establish advertising requirements for alcoholic beverages.
IN THE HOUSE OF REPRESENTATIVES
JUNE 19, 1997
Mr. KENNEDY of Massachusetts introduced the following bill; which was
referred to the Committee on Commerce
A BILL
To establish advertising requirements for alcoholic beverages.
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 ‘‘Children’s Protection
from Alcohol Advertising Act of 1996’’.
SEC. 2. 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.
553 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. 3. 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 1,000 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 videotape prepared by a person engaged in
the business of manufacturing or selling alcohol bev-
erages 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 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 nonbeverage
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.
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