It is no secret that alcohol consumption is often glamorized in the media. Advertising plays a large role in this, presenting alcoholic beverages as being associated with fun, relaxation, and socialization. However, what is often left out of these representations is the potential for harm that comes with alcohol use.
Exposure to alcohol advertising can lead children and adolescents to start drinking at an earlier age, and to drink more if they are already drinking. This is particularly concerning given that the brain continues to develop into early adulthood, making young people more vulnerable to the harmful effects of alcohol.
In addition to contributing to underage drinking, alcohol advertising also increases the risk of harmful drinking among adults. Studies have shown that adults who are exposed to more alcohol advertising are more likely to drink excessively, and that this excessive drinking can lead to problems such as liver damage, cancer, and relationship difficulties.
Given the potential harms of alcohol consumption, it is important to be aware of the ways in which alcohol is advertised. This includes understanding that ads often present an inaccurate picture of what drinking entails, and being aware of the increased risk for harm that comes with exposure to alcohol advertising.
Alcohol companies employ a variety of shady tactics to market alcoholic beverages to children. The world’s largest brewer, Anheuser-Busch Co., uses child-enticing cartoon images of frogs, dogs, penguins, and lizards in advertisements for Budweiser beer, which is perhaps the most egregious example. These Budweiser frog characters are extremely popular with kids, much like Joe Camel ads. According to a KidCom Marketing research completed once , these Budweiser frog character advertisements were the favorite adverts among American youngsters.
Other examples of alcohol ads that appeal to kids include those with attractive young people, humor, music and animals. Some ads also feature product placement in movies and TV shows popular with teens and young adults. All of these techniques are used to bypass parents’ filters and directly target children and adolescents.
The alcohol industry has a long history of targeting youth in its advertising. In the 1930s, for example, Lucky Strike cigarettes ran ads featuring young people saying things like, “I’ve got my lucky break…Smoke Luckies.” Ads like these helped make smoking among youth fashionable.
Today, the alcohol industry is doing the same thing with its advertising campaigns. By targeting children and adolescents, the industry is ensuring that a new generation of young people will become lifelong customers.
There are a number of ways to protect children from the harmful effects of alcohol advertising. One is to support government regulation of alcohol advertising, including bans on ads that target youth. Another is to talk to your children about alcohol and its dangers. You can also help by supporting organizations working to reduce the harmful effects of alcohol advertising on children.
Alcohol advertising may lead to higher rates of alcohol consumption, particularly among youngsters. Various municipalities throughout the country have attempted to ban alcohol advertising based on this effect. These initiatives have had varying degrees of success in the courts. This part will detail how a municipality can lawfully prohibit alcohol marketing.
Municipalities have a great deal of power when it comes to regulating businesses within their borders. This power comes from the police power, which is the authority of the state to regulate conduct in order to protect the public health, safety, and welfare.
Advertising is a form of speech, and as such is protected by the First Amendment to the United States Constitution. However, the Supreme Court has held that commercial speech (speech that is related to selling a product) is afforded less protection than other types of speech. As a result, municipalities may be able to regulate alcohol advertising under their police power, as long as the regulation is narrowly tailored to achieve a legitimate government interest.
There are two main ways that municipalities can regulate alcohol advertising: through zoning ordinances and through sign ordinances. Zoning ordinances regulate the use of land, and can be used to restrict where alcohol ads may be placed. For example, a municipality could prohibit alcohol ads from being placed near schools or parks. Sign ordinances regulate the size, content, and placement of signs. A municipality could use a sign ordinance to prohibit alcohol ads from being placed on billboards, or to require that they be placed only in certain areas (such as away from schools and parks).
A municipality could also choose to ban all alcohol advertising within its borders. However, such a ban would likely be struck down by the courts as overly broad. A more narrowly tailored regulation, such as a zoning or sign ordinance, is more likely to survive judicial scrutiny.
The First Amendment’s freedom of speech is the only constitutional obstacle to prohibiting alcohol advertising. Alcohol producers and their advertising agencies would generally sue a municipality that restricted alcohol advertisements, claiming that the prohibition infringes on their freedom of speech.
Advertising, however, is merely “commercial speech,” which is protected by the First Amendment. However, political speech is not similarly protected. As a result, municipalities have considerably more authority to regulate advertising than they do to restrict “pure” First Amendment expression.
Most regulations of advertising are upheld by the courts. The United States Supreme Court has held that commercial speech can be regulated if it is false, misleading, or deceptive. In addition, the court has held that states have a “compelling interest” in protecting minors from harmful products and that advertising of certain products which are legal for adults but illegal for minors (such as alcohol) can be restricted.
In light of these decisions, it would seem that a municipality could ban all alcohol advertising within its borders without violating the First Amendment. However, such a ban would probably be struck down by the courts.
Alcohol is advertised on billboards and other signage, in print, and on radio and television. It’s also promoted on public transportation, athletic stadiums, bars, and delivery vehicles. The legislation governing each is different because the Supreme Court believes that certain kinds of advertising have a different influence than other types of advertising.
A municipality may not, in other words, just pass a legislation that states “No alcohol advertising shall be allowed.” This would clearly be an unconstitutional restriction on commercial speech and vague and overbroad. Municipalities must exercise caution and only restrict those forms of advertisement that they are able to show are linked to increased underage drinking.
The two most commonly regulated types of alcohol advertising are outdoor and point-of-sale advertising. Outdoor Advertising is defined as “any sign visible from a public place, including any building, vehicle, or structure that is used to advertise or promote the sale or consumption of alcohol.” Point-of-sale Advertising is defined as “any form of advertisement placed at the area where alcohol is sold or served, including but not limited to menus, coasters, posters, signs, and digital menu boards.”
There are several studies that suggest a correlation between outdoor and point-of-sale advertising and increased alcohol consumption among minors. A study conducted by the National Institute on Alcohol Abuse and Alcoholism (NIAAA) found that “densities of outdoor alcohol advertisements were associated with increased risk of past 30-day alcohol use and heavy drinking days among adolescents.” A study published in the American Journal of Public Health found that “greater exposure to point-of-sale alcohol advertisements was associated with increased probability of alcohol use initiation among never drinkers.”
