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STATE ALCOHOL ADVERTISING LAWS: Current Status and Model Policies

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STATE ALCOHOL ADVERTISING LAWS: Current Status and Model Policies STATE ALCOHOL ADVERTISING LAWS: Current Status and Model Policies Introduction Alcohol Advertising: A Key influence the likelihood of young administering alcohol advertising regu- Public Health Concern teenagers experimenting with tobacco.5 lations, usually (but not always) housed in an Alcoholic Beverage Control In response to this concern, public (ABC) state agency. Alcohol pro- The alcohol industry spends more than health advocates are increasingly urging ducers, distributors and retailers must $4.5 billion each year marketing its policymakers to consider counter- obtain state licenses to do business products.1 Underage youth are exposed advertising campaigns. State public in a state. Although specific authority heavily to this marketing with its youth- health departments in California, varies by state, in general, the ABC ful themes and images and its place- Massachusetts and Florida made critical agencies have broad authority to enact ments in media with large youth audi- strides in reducing underage smoking regulations (based on state statutes), ences.2 Limiting youth exposure to alco- rates in their states in recent years by investigate potential violations, and hol marketing is a major public health sponsoring tobacco counter-advertising impose administrative sanctions. In goal since underage drinking is a signifi- campaigns.6 Research indicates that control states, which operate retail cant contributor to youth alcohol-relat- this approach should also be used as and/or wholesale operations, retail ed motor vehicle crashes, other forms of part of a comprehensive public health advertising practices can be established injury, violence, suicide, and problems strategy to reduce underage drinking.7 through operational procedures. associated with school and family. These factors point to the importance In addition to counter-advertising, the The concern about alcohol marketing to the public health community of appeal of alcohol to underage youth can and underage drinking has been height- exploring the potential role of ABC be limited by reducing youth exposure ened by recent findings in the scientific agencies in regulating alcohol advertis- to alcohol advertising and marketing. research community. Studies have ing. This report takes the initial This report undertakes the first nation- established that alcohol advertising step in this exploration. It identifies wide examination, state by state, of the exposure influences a young person’s key state regulatory strategies that existing tools state officials have at their beliefs about alcohol and his/her inten- can be effective in reducing youth disposal to reduce youth exposure to tion to drink.3 They also suggest that exposure to alcohol advertising and alcohol advertising and marketing. advertising may have a direct impact on assesses current state practices, evaluat- youth drinking practices and drinking The Potential Role of ing each state’s current law and pro- problems.4 These findings are bol- viding a means for each state to evalu- stered by similar studies of tobacco State Enforcement ate priorities for enforcement and advertising, which has been shown to States have systems already in place for statutory and regulatory reform. Table of Contents INTRODUCTION . 1 April 10, 2003 ABOUT THIS REPORT . .2 CENTER ON ALCOHOL MARKETING AND YOUTH . 2 Center on Alcohol Marketing and Youth Georgetown University STATE ALCOHOL ADVERTISING PROVISIONS . 3 2233 Wisconsin Avenue, N.W., Suite 525 APPENDIX . 11 Washington, D.C. 20007 (202) 687-1019 ENDNOTES . .12 www.camy.org 1 About This Report Alcohol advertising regulation can apply experience, cultural icons, and values. Table 1 provides a state-by-state analysis to measured and unmeasured media. Content and placement therefore merge, for each of the 12 regulatory categories Measured media encompass traditional and, to be effective, regulation must in the report. forms of advertising—electronic media address both variables concurrently. The (radio and television), outdoor bill- alcohol industry’s increasing reliance on Please note: boards and signs, and print (magazine unmeasured media strategies reflects a and newspapers). Regulation of these general trend within the consumer prod- 1. Each of the 12 categories used to media can either be directed at the ucts and marketing industries. rate states in this report has very advertisement’s content or its placement. specific and narrow definitions Content regulation addresses what For this report, the Center on Alcohol that may not mirror either the law images and statements can be in the ad, Marketing and Youth commissioned the of any particular state or a custom- and placement regulation addresses Legal and Enforcement Policy Analysis ary definition in any one state or where the ad can be shown to the pub- Division of the Pacific Institute for group of states. The categories and lic.8 Research and Evaluation to examine definitions were chosen with legal potential state regulatory strategies for conventions and requirements in Unmeasured media include nontradi- both measured and unmeasured media mind. Please carefully consult the tional venues for promoting a product: advertising, dividing measured media definitions as you interpret the rat- sponsorships of music concerts, sporting regulations into those that focus on con- ings assigned to each state. State law events, and other forms of entertain- tent and placement. For each regulatory may cover a topic generally but not ment and celebrations; consumer con- category the analysis defines the key ele- include the specific language tests; prizes; giveaways; product place- ments of a “best practice.” Each state’s required in the rating criteria used ment in movies and television shows; current law (both statutory and regula- for this report. novelties and other consumer items tory) is then rated as follows: 2. The ratings are based on a review (e.g., logos on t-shirts); and Internet of state statutes and regulations, advertising, among other marketing BP : all elements of the best practice are and not on their implementation activities. These marketing venues and present; or enforcement. In some cases, strategies are part of a dramatic shift in I: at least one but not all elements of the ABC agencies may have implement- advertising strategy, termed branding, best practice is present; ed laws in a manner that accom- where the advertiser establishes an emo- --: the state does not address the regula- plishes the desired result even tional connection between the brand tory category, the law lacks any of the though the laws themselves did and the targeted audience. The brand elements of best practices, or the law may not meet the criteria used for this becomes embedded in the audience’s be unenforceable (e.g., unconstitutional). analysis. Since implementation (continued) Center on Alcohol Marketing and Youth www.camy.org The Center on Alcohol Marketing and The Center is supported by grants policy in the protection and advance- Youth at Georgetown University moni- from The Pew Charitable Trusts and the ment of public health objectives, with tors the marketing practices of the Robert Wood Johnson Foundation to an emphasis on preventing alcohol, alcohol industry to focus attention Georgetown University. The opinions tobacco and other drug problems. and action on industry practices that expressed in this report are those of the Headed by James F. Mosher J.D., jeopardize the health and safety of authors and do not necessarily reflect the division conducts legal research America’s youth. Reducing high rates those of the foundations. documenting alcohol, tobacco and of underage alcohol consumption and other drug policies at local, state and the suffering caused by alcohol-related Legal and Enforcement federal levels; develops standards for injuries and deaths among young Policy Analysis Division, interpreting relevant laws and regula- people requires using the public health Pacific Institute for Research tions; and provides resources, train- strategy of limiting the access to and ing and technical assistance to the appeal of alcohol to underage and Evaluation (PIRE) researchers, community members and persons. The division focuses on the role of legal policymakers. 2 (continued) was not included in the analysis, state legislation. Local jurisdictions Hawaii and Maryland — regulate these states may have received a may have enacted alcohol advertising alcohol industry practices primarily lower rating based on the statutory regulations that meet the criteria, but through local legislation. Their rat- and regulatory mandates only. these provisions are not included in ings for state legislation might there- 3. The analysis focuses exclusively on this analysis. At least two states — fore be considered artificially low. State Alcohol Advertising Provisions 1. Prohibit False or Misleading Alcohol Advertising This is a critical, basic provision that can provide for state action with regard to alcohol advertising, especially on television. There is no constitutional protection for false or misleading advertising, and any advertisement that appeals to underage persons could be inter- preted as misleading since it is inviting an illegal transaction. Legal interpretations of the terms false, misleading and targeting/appeal- ing are not well developed as they apply to alcohol advertising.9 However, a state with such a provision provides a basis for conduct- ing investigations, establishing specific rules regarding ad content that is attractive to minors (those
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