[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3473 Introduced in House (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.

    (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 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 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.
                                 <all>