[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3474 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3474

    To require health warnings to be included in alcoholic beverage 
                advertisements, and for other purposes.


_______________________________________________________________________


                    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 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 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 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. 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 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 
        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. 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>