[Congressional Record Volume 143, Number 43 (Monday, April 14, 1997)]
[Extensions of Remarks]
[Page E642]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        VOLUNTARY ALCOHOL ADVERTISING STANDARDS FOR CHILDREN ACT

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                       HON. JOSEPH P. KENNEDY II

                            of massachusetts

                    in the house of representatives

                         Monday, April 14, 1997

  Mr. KENNEDY of Massachusetts, Mr. Speaker. This Bud's for you--It's 
Miller Time--Tap into the Rockies--I love you Man--these phrases have 
become familiar sounds in the living rooms of homes across the country. 
Soon, you will also be able to recall slogans for Seagram's Crown Royal 
whiskey and Hiram Walker's Kahlua liqueur, and a host of other spirits. 
In too many cases, it is children that are influenced by such ads--
remembering and reciting these jingles, leading many to their first 
drink of alcohol in hopes of imitating the athletic, academic, or 
social success being sold to them over the airwaves.
  The Wall Street Journal and Ad Age recently reported on the 
prevalence of alcohol advertising on television stations and during 
programming that have large youth audiences. For example, beer ads were 
shown to run frequently on MTV, a rock music station that is popular 
with kids. So the message to kids is to sit down with a brew to watch 
Beavis and Butt-Head?
  Alcohol use and abuse among our children is on the rise. Alcohol-
related deaths are the No. 1 killer of people under the age of 24--
killing more than 100,000 people each year, 5 times as many as the 
death toll for illicit drugs. There are approximately 18 million 
alcoholics or problem drinkers in our country, 4 million of whom are 
minors.
  We spend $15 billion a year fighting the war on drugs in this 
country. Yet alcohol, America's No. 1 drug, is promoted by billions of 
dollars in slick ad campaigns that tell kids if they want to be the 
first down the mountain, or get a good-looking date, or win the bicycle 
race, all they need to do is drink a beer, a wine cooler, or shot of 
whiskey.
  For nearly 50 years the Distilled Spirits Council of the United 
States [DISCUS] had the right idea. As model corporate citizens, they 
voluntarily agreed not to advertise their product on television.
  However, by ending their voluntary industry ban last November, they 
made a decision to lower the bar at a time when it needs to be raised.
  The hard liquor industry had a legitimate argument that they were at 
a competitive disadvantage under their old code because the beer and 
wine industries advertise aggressively. But they took the wrong 
direction in an effort to even the playing field. We want fewer alcohol 
advertisements on television, not more.
  I have in the past, and will again, introduce legislation which 
places specific restrictions on all alcohol advertising--beer, wine, 
and distilled spirits--particularly where alcohol products are being 
marketed to young audiences. These bills, the Just Say No Act and the 
Comprehensive Alcohol Abuse Prevention Act, prescribe specific 
restrictions with which I feel the alcoholic beverage industry should 
comply.
  However, today we are embarking on a new, voluntary approach to 
solving this problem--not to be confused, though, as abandoning old 
strategies. We are convinced that television broadcasters, under their 
public interest obligations, should be expected to add their voices to 
this important debate by developing a voluntary code of conduct for 
alcohol advertising that will limit the exposure of such ads to 
children.
  Some broadcasters have taken the first step. When the hard liquor 
industry abandoned its voluntary pledge not to advertise on television, 
all of the major network stations publicly stated that they would not 
accept their ads. Yet viewing audiences have been baptized with hard 
liquor ads around the country because network affiliates have agreed to 
air them. More can and should be done about all televised alcohol 
advertising that targets young audiences.
  The legislation that I will introduce with my colleagues today, the 
Voluntary Alcohol Advertising Standards for Children Act, is a tool 
that will bring to bear a new benchmark for responsible advertising of 
beer, wine, and distilled spirits. Under this legislation, an antitrust 
exemption is established so that television broadcasters can come 
together to devise the new code of ``kid-friendly'' standards.
  While the legislation does not prescribe or mandate what the final 
code should look like, it does lay out five general guidelines for 
consideration:
  First, content--alcoholic beverage companies often market their 
products by using sex, fantasy, sports figures, cartoons, and fast 
music. Advertisements using such content clearly have a strong market 
appeal to youthful audiences.
  Second, frequency--families should be able to turn on their 
televisions without being overwhelmed with alcohol advertising 
campaigns. Alcohol ads should not be airing in homes at a rate that 
surpasses advertisements of other products.
  Third, timing--children are less likely to be watching TV late at 
night. Alcohol advertisements should not be airing during prime time 
viewing hours or hours when children are likely to be a significant 
portion of the overall viewing audience.
  Fourth, program placement--what television shows are sandwiched in 
between alcohol advertisements? ``The X-Files''? Early Saturday 
sporting events? Alcohol ads should not be aired immediately preceding, 
during, or directly following television programming that has a 
significant youth audience.
  Fifth, balanced messages--some deliberation should be given to the 
issue of balancing advertisements promoting alcohol consumption with 
public information messages about the risks of alcohol use by minors.
  This bill would give the broadcasters 1 year to develop their code. 
The Federal Communications Commission [FCC] is required to approve the 
code before it is implemented, seeking public comment. If after 1 year, 
the broadcasters fail to develop their own standards, the FCC is given 
the authority to impose their own code, using the same five guidelines.
  Any FCC-imposed code must be developed in a partnership with an 
advisory committee composed of parents, broadcasters, public interest 
groups, and other interested individuals from the private sector. The 
final, approved code would be enforced as a regulation by the FCC, 
punishable by monetary penalties.
  This is largely a hands-off governmental approach. Regulators do not 
get involved in the creation of this code unless broadcasters abandon 
their responsibility to do so.
  Alcohol is not a legal product for consumption by minors and 
therefore should not be advertised in a manner, place, or time where 
children are likely to be influenced. This legislation gives concerned 
parents and the public a voice in protecting their children from these 
negative influences. And this bill gives broadcasters the latitude to 
voluntarily develop alcohol advertising standards which they believe 
will protect children under their public interest obligations. All 
would be served well by passage of this legislation.

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