TABLE OF CONTENTS:
Title I: Higher Education and Alcohol Abuse Prevention
Title II: Deductions for Alcohol Advertising or Promotion
Title III: Promotion of Alcoholic Beverages
Title IV: Children and Alcohol Advertising
Title V: Alcohol Advertising
Title VI: Health Warnings
Title VII: Ingredient Labeling for Malt Beverages, Wine, and
Distilled Spirits
Comprehensive Alcohol Abuse Prevention Act of 1996 - Title I: Higher Education and Alcohol Abuse Prevention - College Campus Alcohol Abuse Prevention and Education Act - Amends the Higher Education Act of 1965 (HEA) to revise drug and alcohol abuse prevention program certification requirements (which must be met in order for a higher education institution to receive any Federal financial assistance) to require the programs to limit alcoholic beverage advertisements in the institution's newspapers and other publications to price and product identification. Prohibits: (1) distribution of promotional material encouraging alcohol consumption; (2) distribution of free alcohol; and (3) sponsorship or public support of any on-campus athletic, musical, cultural, or social program, event, or competition by any alcoholic beverage company or by any group of companies.
Requires that identification, referral, or treatment of students and employees under such programs not jeopardize the their matriculation status or employment.
Authorizes grants to institutions or consortia, and contracts with such institutions and other organizations, for programs of prevention and education (including treatment-referral) to reduce and eliminate the illegal use of drugs and alcohol and associated violence. Allows using the contracts for a higher education center for alcohol and drug abuse prevention to provide training, technical assistance, evaluation, dissemination, and associated services and assistance to the higher education community and higher education institutions.
Mandates ten National Recognition Awards annually to institutions that have developed and implemented effective alcohol and drug abuse prevention and education programs. Authorizes appropriations.
Title II: Deductions for Alcohol Advertising or Promotion - Alcohol Promotion and Advertising Tax Fairness Act - Amends the Internal Revenue Code to disallow a deduction for the expense of advertising (via any means) or promoting any alcoholic beverage.
Title III: Promotion of Alcoholic Beverages - End Taxpayer Promotion of Alcohol Overseas Act - Amends the Agricultural Trade Act of 1978 to prohibit the use of funds for overseas promotion of alcoholic beverages.
Title IV: Children and Alcohol Advertising - Children's Protection from Alcohol Advertising Act of 1996 - Prohibits advertising or promoting alcoholic beverages on any audio tape, audio disc, videotape, video arcade game, computer game, or film. Prohibits outdoor advertising of alcoholic beverages within 1000 feet of any school, playground, or other public facility where individuals under 21 are reasonably expected to convene. Restricts alcohol print advertising in publications with an under-21 readership of 15 percent or more than two million to text only in black and white print. Limits alcohol television broadcast advertising between 7 a.m. and 10 p.m. to a picture of the beverage with factual, objective audio information. Mandates criminal fines and allows injunctions.
Requires that alcohol manufacturers sponsoring events be identified in the corporate (not brand) name. Prohibits manufacturing or distributing non-beverage products with an identifiable brand of an alcoholic beverage manufacturer (but allows the corporate name).
Title V: Alcohol Advertising - Alcohol Advertising Accountability Act of 1996 - Mandates: (1) an annual report to the Congress on alcohol advertising, its profile, and its effects, along with recommendations for legislation; and (2) establishment of a panel to assist in gathering information for the report.
Title IV: Health Warnings - Sensible Advertising and Family Education Act - Declares it to be an unlawful or deceptive act under the Federal Trade Commission Act to advertise any alcoholic beverage through magazines, newspapers, brochures, promotional displays, radio, television (including cable, paid per view, or subscription), or other electronic means, unless the advertising includes one of specified health warnings.
Requires the Secretary of Health and Human Services to maintain toll free numbers referred to in some of the warnings.
Title VII: Ingredient Labeling for Malt Beverages, Wine, and Distilled Spirits - Amends the Federal Food, Drug, and Cosmetic Act to deem a malt beverage, wine, or distilled spirit mislabeled unless it bears a label disclosing: (1) the alcoholic content; (2) the number of drinks (defining "drink" as .6 ounces of alcohol); (3) its ingredients and calories; (4) the common name of each ingredient, including additives; and (5) a toll-free number for help with a drinking problem. Authorizes appropriations for the toll-free number.
[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3479 Introduced in House (IH)]
104th CONGRESS
2d Session
H. R. 3479
To carry out a comprehensive program dealing with alcohol and alcohol
abuse.
_______________________________________________________________________
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, and in addition to the
Committees on Ways and Means, Economic and Educational Opportunities,
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 committee concerned
_______________________________________________________________________
A BILL
To carry out a comprehensive program dealing with alcohol and alcohol
abuse.
Be it enacted by the Senate and House of Representatives 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 1996''.
TITLE I--HIGHER EDUCATION AND ALCOHOL ABUSE PREVENTION
SEC. 101. SHORT TITLE.
This title may be cited as the ``College Campus Alcohol Abuse
Prevention and Education Act''.
SEC. 102. HIGHER EDUCATION AND DRUG AND ALCOHOL ABUSE PREVENTION.
(a) Specific Programs.--Section 1213 of the Higher Education Act of
1965 (20 U.S.C. 1145g) is amended--
(1) in subsection (a), by striking ``and'' at the end of
paragraph (1)(D), by redesignating paragraph (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 purposes on the
campus;
``(G) a prohibition on sponsorship or public
support of any on-campus athletic, musical, cultural,
or social program, event, or competition by any
alcoholic beverage company or by any group of such
companies;
``(H) limiting alcoholic beverage advertisements 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: ``Identification, referral, or
treatment of students and employees 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.--Section 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 education, the
Secretary shall grant a waiver of sanctions authorized by subsection
(a)(1)(I) to any institution of higher education which demonstrates
that it is in the process of developing and implementing a plan
required by subsection (a) for up to one year from the date of the
enactment of this paragraph.''.
SEC. 103. GRANTS AND CONTRACTS.
(a) Grant and Contract Authority.--Section 1213 of the Higher
Education Act of 1965 (2) U.S.C. 1145g) is amended by adding at the end
the following:
``(e)(1) The Secretary may make grants to institutions of higher
education or consortia of such institutions and contracts with such
institutions and other organizations to develop, implement, operate,
improve, and disseminate programs of prevention, and education
(including 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 higher education center for alcohol
and drug abuse prevention which will provide training, technical
assistance, evaluation, dissemination and associated services and
assistance to the higher education community as defined by the
Secretary 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 contract under paragraph (1) shall submit an
application to the Secretary at such time, in such manner, and
containing or accompanied by such information as the Secretary may
reasonably require by regulation.
``(3) The Secretary shall make every effort to ensure--
``(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 appropriate
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 repealed.
SEC. 104. NATIONAL RECOGNITION AWARDS.
(a) Awards.--For the purpose of providing models of alcohol and
drug abuse prevention and education (including 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
developed 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 institutions of higher education which
have applied for such award. Such an application shall
contain--
(A) a clear description of the goals and objectives
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 encourage
student and employee participation and involvement in
both activity development and implementation;
(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 colleges 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 institution of higher education may nominate itself or
be nominated by others such as professional associations or
student organizations.
(3) Application review.--The Secretary of Education shall
appoint a committee to review applications submitted under
paragraph (1). The committee may include representatives of
Federal departments or agencies whose programs include alcohol
and drug abuse prevention and education efforts, directors or
heads (or their representatives) of professional 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 applications under paragraph (3) the
committee shall consider--
(A) measures of effectiveness of the program 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 initiation of the program; and
(B) measures of program institutionalization,
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 continuation of the program after
the cessation of external 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 II--DEDUCTIONS FOR ALCOHOL ADVERTISING OR PROMOTION
SEC. 201. SHORT TITLE.
This title may be cited as the ``The Alcohol Promotion and
Advertising Tax Fairness Act''.
SEC. 202. DISALLOWANCE OF DEDUCTION FOR ADVERTISING AND GOODWILL
EXPENSES RELATING TO ALCOHOLIC BEVERAGES.
(a) In General.--Part IX of subchapter B of chapter 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 allowable 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 periodical, 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 distilled 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
alcoholic 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 III--PROMOTION OF ALCOHOLIC BEVERAGES
SEC. 301. SHORT TITLE.
This title may be cited as the `End Taxpayer Promotion of Alcohol
Overseas Act''.
SEC. 302. 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 following:
``(h) Prohibition on Promotion of Alcoholic Beverages.--None of the
funds appropriated or otherwise made available to carry out this
section may be used to promote the sale or export of alcohol or
alcoholic beverages.''.
TITLE IV--CHILDREN AND ALCOHOL ADVERTISING
SEC. 401. SHORT TITLE.
This title may be cited as the ``Children's Protection from Alcohol
Advertising Act of 1996''.
SEC. 402. FINDINGS.
The Congress makes the following findings:
(1) In 1995, the Department of Health and Human Services
found that there is a significant underage 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 1995, the proportion of students having 5 or more
drinks in a row during the 2 week period preceding the
Monitoring the Future Survey were 15 percent for 8th graders,
24 percent for 10th graders, and 30 percent for 12th graders.
(3) The median age at which children begin drinking
alcoholic beverages is just over 13 years. 67 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 treatment programs
were under the age of 21.
(6) Alcoholic beverage companies spent $2 billion to
advertise and promote their products in 1995. The budget of the
National Institute on Alcohol Abuse and Alcoholism for the same
year was $176 million.
(7) According to a study published in the American Journal
of Public Health, viewing beer ads on television may predispose
young people to drinking beer. Children who are more aware of
beer advertisements 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. 403. ADVERTISING REQUIREMENTS.
(a) Prohibitions.--
(1) General rule.--Except as provided in paragraph (2), no
alcoholic beverage may be advertised or promoted on any audio
tape, audio disc, videotape, video arcade game, computer game
or in film. No outdoor advertising of alcoholic beverages may
be located within 1000 feet of any school, playground, or other
public facility where individuals under the age of 21 are
reasonably expected to convene.
(2) Exception.--Paragraph (1) does not apply to any
videotape prepared by a person engaged in the business of
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 during the hours between 7
A.M. and 10 P.M. be limited to only a picture of the beverage with
factual, objective audion 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 manufacture 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
manufacturer.
(2) Exception.--Paragraph (1) does not apply to any product
prepared by a person engaged in the business of manufacturing
or selling alcohol beverages if such product is to be made
available only to other persons engaged in such business.
(f) Enforcement.--
(1) Criminal penalty.--Any person who violates 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 restrictions 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 V--ALCOHOL ADVERTISING
SEC. 501. SHORT TITLE.
This title may be cited as the ``Alcohol Advertising Accountability
Act of 1996''.
SEC. 502. REPORT OF SECRETARY ON ALCOHOL ADVERTISING.
(a) Action by the Secretary.--The Secretary of Health and Human
Services shall report annually to the Congress on alcohol advertising,
its profile and its effects. To assist the Secretary in gathering
information for such report, the Secretary shall establish a panel made
up of such individuals as the Secretary, in the Secretary's discretion,
may select from individuals in the Department of Health and Human
Services or any other Federal agency.
(b) Panel Function.--The panel established by the Secretary of
Health and Human Services under subsection (a) shall review alcohol
advertising in all media, including broadcast and cable television,
other electronic means, and print and outdoor advertising and review
promotional activities undertaken to promote the sale of alcoholic
beverages. The Secretary shall convene at least 2 public hearings
before the panel established under subsection (a) each year and shall
have the panel conduct a hearing in each of the regional offices of the
Department of Health and Human Services over the 5-year period
beginning on the date of the enactment of this Act.
(c) Report Content.--The report of the Secretary of Health and
Human Services under subsection (a) shall be developed on the basis of
the work conducted by the panel established under subsection (a) and
shall include--
(1) an identification of--
(A) the media used by alcohol advertising to reach
children,
(B) the total expenditures for alcoholic beverage
advertising in each media and in promotions,
(C) the extent to which media program audiences are
under the age of 21,
(D) an identification of the types and themes of
alcohol advertising in all media (especially in
broadcast) and other electronic means,
(E) any graphics, slogans, children's characters,
and techniques that are used and that appeal to youth,
and
(F) 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 alcohol
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 Secretary of Health and
Human Services under subsection (a) shall also include such
recommendations for legislation as the Secretary 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 Alcohol 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
dependent on alcohol or are problem drinkers.
(3) According to the 1995 National Institute on Drug Abuse
survey of high school students and young adults (entitled
``Monitoring the Future''), 80 percent of high school seniors,
71 percent of tenth graders, and 56 percent of eighth graders
had used alcohol at least once. Twenty-eight percent of high
school seniors, 24 percent of tenth graders, and 15 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 1995
``Monitoring the Future'' survey, 14 percent of high school
seniors reported having been drunk by eighth grade, 30 percent
by ninth grade, 43 percent by tenth grade, and 60 percent by
twelfth grade. Studies demonstrate that the use of alcohol
before the age of 15 appears to be one of the predictors 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. Approximately 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 National Health
Promotion and Disease Prevention Objectives--
(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 approximately 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 episodes.
(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 diagnostically 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 diagnosed 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 increase 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 incidence of other
alcohol-related birth defects is estimated to be 3 times
greater than that of FAS.
(14) The alcoholic-beverage industry spends approximately
$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
Association Foundation for Traffic Safety, there is a
relationship between exposure and attention by an individual 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 believe 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
advertising be matched with an equal number of pro-
health and pro-safety messages; and
(B) the inclusion of health warning messages 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 advertising 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 report.
(21) Over two-thirds of persons surveyed in a 1989
Wall Street Journal poll favor requiring warnings about
the dangers of drinking both on alcoholic-beverage
containers and in alcohol 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 beverage unless the advertising
bears, in accordance with requirements of section 603(a), one
of the following 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
number].
SURGEON GENERAL'S WARNING: Alcohol is a drug and may be
addictive. If you know someone who has an alcohol or
other drug problem 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 [insert appropriate toll free number].
SURGEON GENERAL'S WARNING: Don't mix alcohol with over-
the-counter, prescription, 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 [insert 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 [insert
appropriate toll free number]., or
(2) advertise or cause to be advertised through radio,
television broadcasting (including cable broadcasting and paid
per view or subscription television), or other electronic means
any alcoholic beverage unless the advertising includes, in
accordance with requirements of section 603(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: 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: Drinking 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 Secretary 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 603(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 regulations 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
printed material in the advertisement, be surrounded by
typographic lines that form a box, and, on an appropriate
visual medium, appear on the front of an advertisement as
indicated by labeling of the manufacturer 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 importer to the Secretary.
The Secretary shall approve a plan submitted under paragraph (3) by a
manufacturer or importer that assures that each sequence of the same or
substantially similar advertisement 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 approval.
(b) Radio and Television.--
(1) Warnings.--The health warnings required for alcoholic
beverage advertisements placed on radio or television
broadcasting by section 602(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 manufacturer 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 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 approval.
(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 understanding of the health warning message
by the intended audience, and
(B) that for television a graphic representation of
such health warning be included after each
advertisement, that all letters in such health warning
appear in conspicuous and legible 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 simultaneously 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
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. 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 determine whether available scientific information would
justify a change in, an addition to, or deletion of, a health warning
set forth in section 603.
(b) Report.--If the Secretary of Health and Human Services finds
that available scientific information would justify the change,
addition, or deletion described in subsection (a), the Secretary shall
promptly submit a report to the appropriate committees of Congress
containing--
(1) the information; and
(2) specific recommendations for such amendments to this
title as the Secretary determines to be appropriate and in the
public interest.
TITLE VII--INGREDIENT LABELING FOR MALT BEVERAGES, WINE, AND DISTILLED
SPIRITS
SEC. 701. 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 established and operated by the
Secretary) for help'.
``(2) For purposes of paragraph (1):
``(A) The term `malt beverage' means a beverage made by the
alcoholic fermentation of an infusion 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 cereals, with or without the addition of unmalted or
prepared cereals, other carbohydrates, or materials prepared,
with or without the addition of carbon dioxide, 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 percent of alcohol by volume and if for
nonindustrial use.
``(C) The term `distilled spirit' means ethyl alcohol,
hydrated oxide of ethyl, spirits of wine, whisky, rum, brandy,
gin, and other distilled spirits, including all dilutions and
mixtures thereof for nonindustrial 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 beverage, 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. 702. AUTHORIZATION.
There is authorized to be appropriated to the Secretary $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. 703. 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.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Commerce, and in addition to the Committees on Ways and Means, Economic and Educational Opportunities, 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 committee concerned.
Referred to the Committee on Commerce, and in addition to the Committees on Ways and Means, Economic and Educational Opportunities, 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 committee concerned.
Referred to the Committee on Commerce, and in addition to the Committees on Ways and Means, Economic and Educational Opportunities, 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 committee concerned.
Referred to the Committee on Commerce, and in addition to the Committees on Ways and Means, Economic and Educational Opportunities, 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 committee concerned.
Referred to the Committee on Commerce, and in addition to the Committees on Ways and Means, Economic and Educational Opportunities, 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 committee concerned.
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Referred to the Subcommittee on Department Operations, Nutrition and Foreign Agriculture.
Referred to the Subcommittee on Commerce, Trade, and Hazardous Materials.
Referred to the Subcommittee on Telecommunications and Finance.
Referred to the Subcommittee on Health and Environment.
Referred to the Subcommittee on Postsecondary Education, Training and Life-Long Learning.