[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 674 Introduced in Senate (IS)]
103d CONGRESS
1st Session
S. 674
To require health warnings to be included in alcoholic beverage
advertisements, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30 (legislative day, March 3), 1993
Mr. Thurmond (for himself and Mr. Simon) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
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 age 21 to purchase alcohol in all 50
of the States and the District of Columbia.
(2) According to the 1992 National Institute on Drug Abuse
survey of high school students and young adults, 89.5 percent
of high school seniors in the class of 1990 had used alcohol at
least once and 30 percent had experienced a ``binge'' of 5 or
more drinks in a row within the past 2 weeks. Among college
students, 43 percent reported occasions of binge drinking,
including 35 percent of the females and 52 percent of the
males.
(3) 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 1988
National High School Senior Survey, 17 percent of high school
seniors reported having been drunk by eighth grade, 37 percent
by ninth grade, 54 percent by tenth grade, and 71 percent by
twelfth grade. Studies demonstrate that the use of alcohol by
individuals before the age of 15 appears to be one of the
predictors of later heavy alcohol and other drug use by the
individuals.
(4) Young people are not well informed about the hazards of
alcohol use. Only 43 percent of high school seniors believe
there is great risk of harm from drinking activities such as
binge drinking once or twice each weekend. More than one-
quarter of high school seniors do not view heavy, regular daily
binge drinking as entailing great risk. More than 40 percent of
eighth graders, 45 percent of tenth graders, and 51 percent of
twelfth graders do not perceive having 5 or more drinks once or
twice a weekend as entailing a great risk.
(5) 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.
(6) Treatment costs for fetal alcohol syndrome (referred to
in this section 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 three 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 infants with the syndrome per 1,000 live
births. Among children born to other women, the FAS incidence
is between 1 and 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.
(7) According to the National Institute of 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
dependant on alcohol or are problem drinkers.
(8) 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.
(9) An estimated 25 percent of all hospitalized persons
have alcohol-related problems.
(10) 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.
(11) 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.
(12) 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.
(13) The alcoholic beverage industry spends approximately
$2,000,000,000 each year on advertising and promotions in the
United States.
(14) 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.
(15) 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.
(16) 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.
(17) Alcohol in combination with other drugs is the leading
cause of emergency room drug abuse episodes.
(18) According to the Inspector General of the Department
of Health and Human Services, 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.
(19) A third of all students do not understand the
intoxicating effects of alcohol. More than 2,600,000 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, cannot make a person sick, or cannot
do as much harm as other alcoholic beverages.
(20) In 1989, chronic liver disease, including cirrhosis,
was the ninth leading cause of death in the United States. Of
41,000 deaths attributed to liver disease in the United States,
46 percent were diagnostically 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.
(21) 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.
(22) Alcohol abuse is strongly associated with increased
risk of certain kinds of cancer, especially cancer of the
liver, esophagus, nasopharynx, and larynx. Alcohol is also
associated with dietary deficiency that may increase cancer
risk.
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 in commerce under section 5 of the Federal
Trade Commission Act (15 U.S.C. 45) 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
4(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: If you are under the age
of 21, it's against the law to buy alcoholic beverages.
For information about teenagers and young adults and
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. 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 or
television broadcasting (including cable, pay-per-view, and
subscription television broadcasting) any alcoholic beverage
unless the advertising includes, in accordance with
requirements of section 4(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: If you are under the age
of 21, it's illegal to buy alcoholic beverages.
``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.
``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 increases your
risk of high blood pressure, liver disease, and
cancer.''.
(b) Toll Free Numbers.--The Secretary of Health and Human Services,
in consultation with the Federal Trade Commission, 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
annually submit a report to Congress containing information on the
number of calls received from persons using the numbers and the types
of referrals made as a result of the calls.
SEC. 4. REQUIREMENTS.
(a) In General.--
(1) Use of warnings.--The health warnings required for
alcoholic beverage advertisements by section 3(a)(1) shall--
(A) comply with requirements, 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, that--
(i) one such health warning be located in a
conspicuous and prominent place in each such
advertisement;
(ii) all letters in such health warning
appear in conspicuous and legible type that is
not script or italic; and
(iii) such health warning 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
(B) 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.
(2) Plan.--The Secretary of Health and Human Services shall
approve a plan submitted under paragraph (1)(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 a substantially similar
advertisement for a brand style at the same time. If the plan
is approved by the Secretary, the rotation described in
paragraph (1)(B) shall apply with respect to the applicant
submitting the plan during the 1-year period beginning on the
date of the approval.
(b) Radio and Television.--
(1) Use of warnings.--The health warnings required for
alcoholic beverage advertisements by section 3(a)(2) shall--
(A) comply with requirements, 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, that--
(i) one such health warning be included in
a conspicuous and prominent manner in each such
advertisement;
(ii) the health warning be read as part of
the 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
(iii) with respect to each advertisement
for television--
(I) a graphic representation of
such health warning be included after
each such advertisement;
(II) all letters in such graphic
representation appear in conspicuous
and legible type that is not script or
italic;
(III) such health warning be
surrounded by typographic lines that
form a box in the graphic
representation; and
(IV) such graphic representation
appear in the same length of time as is
required for the reading of the message
required by clause (ii); and
(B) 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.
(2) Plan.--The Secretary of Health and Human Services shall
approve a plan submitted under paragraph (1)(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 a substantially similar
advertisement for a brand style at the same time. If the plan
is approved by the Secretary, the rotation described in
paragraph (1)(B) shall apply with respect to the applicant
submitting the plan during the 1-year period beginning on the
date of the approval.
SEC. 5. DEFINITION.
For purposes of this Act:
(1) Alcoholic beverage.--The term ``alcoholic beverage''
includes any beverage in liquid form that contains not less
than one-half of one percent of alcohol by volume and is
intended for human consumption.
(2) Person.--The term ``person'' means--
(A) an individual;
(B) a partnership;
(C) a joint stock company;
(D) a business trust;
(E) an association;
(F) a corporation;
(G) any business or legal entity not described in
subparagraphs (A) through (F), including a receiver,
trustee, or liquidating agent; and
(H) a State, a State agency, or an officer or
employee of a State or State agency.
(3) State.--The term ``State'' includes--
(A) any political subdivision of any 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.
(4) United states.--The term ``United States'', when used
in a geographical sense, includes all States.
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.
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