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).
[Congressional Bills 105th Congress]
[From the U.S. Government Printing Office]
[H.R. 1978 Introduced in House (IH)]
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 Representatives 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 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 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 graders, 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 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. 3. 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 1,000 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 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 manufacture 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
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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Commerce.
Referred to the Subcommittee on Telecommunications, Trade, and Consumer Protection.
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