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.
[Congressional Bills 105th Congress]
[From the U.S. Government Printing Office]
[H.R. 1979 Introduced in House (IH)]
105th CONGRESS
1st Session
H. R. 1979
To require health warnings to be included in alcoholic beverage
advertisements, and for other purposes.
_______________________________________________________________________
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 require health warnings to be included in alcoholic beverage
advertisements, and for other purposes.
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 ``Sensible Advertising and Family
Education Act''.
SEC. 2. 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 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 reported having
been drunk by eighth grade, 49 percent 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
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 3(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. 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 from alcohol poisoning.
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 3(b), one of the
following health warnings:
SURGEON GENERAL'S WARNING: If you are pregnant, don't
drink alcohol. Alcohol may cause mental retardation and
other birth defects.
SURGEON GENERAL'S WARNING: 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. 4. REQUIREMENTS.
(a) In General.--The health warnings required for alcoholic
beverage advertisements by section 3(a)(1) shall--
(1) be located in a conspicuous and prominent place on each
such advertisement, as determined by the Secretary of Health
and Human Services in 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 2(a)(2) shall--
(A) be included in a conspicuous and prominent
manner in such advertisement, as determined by the
Secretary of Health and Human Services in regulations
to take effect not later than 6 months after the date
of the enactment of this Act, and
(B) be rotated in an alternating sequence on each
such advertisement of a brand style in accordance with
a plan submitted by such 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. 5. DEFINITIONS.
As used in this Act--
(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. 6. REPORT TO CONGRESS.
(a) Investigation.--Not earlier than 2 years after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
conduct an appropriate investigation and consult with the Surgeon
General to determine whether available scientific information would
justify a change in, an addition to, or deletion of, a health warning
set forth in section 3.
(b) Report.--If the Secretary of Health and Human Services finds
that available scientific information would justify the change,
addition, or deletion described in 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
Act as the Secretary determines to be appropriate and in the
public interest.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Commerce.
Referred to the Subcommittee on Health and Environment.
Referred to the Subcommittee on Telecommunications, Trade, and Consumer Protection.
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