Children's Protection from Alcohol Advertising Act of 1996 (Introduced in the House)
HR 3473 IH
104th CONGRESS
2d Session
H. R. 3473
To establish advertising requirements for alcoholic beverages.
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
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 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. 3. ADVERTISING REQUIREMENTS.
(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 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.
(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.
(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.