NCADD Responds to Advertising Industry on Distilled Spirits Ads Inquiry

National Council on Alcoholism & Drug Dependence
Monday, 23 June 1997

Washington, D.C., June 23, 1997 — The National Council on Alcoholism and Drug Dependence, Inc. (NCADD), joined by Henry Geller, strongly disputes the position set out in the Association of National Advertisers (ANA) press release of June 18th. That release quotes from a 1973 study by Geller applying the fairness doctrine to advertised products would be unsound policy. We have no quarrel with that statement. But the same study points out that the cigarette ruling, requiring counter-messages, was taken under public interest standard because of the extraordinary nature of that product (i.e., its devastating health consequences). So the issue is here whether alcohol advertising also presents an extraordinary public interest problem.

Like cigarette ads, alcohol advertising stands on an extraordinary footing, different from all other products. Alcohol has twice been the subject of constitutional amendment, the first barring all manufacture and sale, and the second, repealing prohibition but specifically allowing states to legislate in this field. The states have done so, a few barring sale of some or all alcohol products (or allowing their localities to do so), many placing significant restrictions on alcohol advertising, and all imposing the strict age limit of 21 years for purchase.

The following facts show the extraordinary public interest problem:

(1) a huge number of youths below 21 years of age are receiving commercials promoting and glamourizing the use of a product that is illegal for them to purchase;

(2) they are using this product in most significant and increasing numbers; of roughly 18 million alcoholics or problem drinkers, 4 million are minors; and

(3) such use has severe adverse consequences to children and thus the future of the nation; alcohol is a factor in the three leading causes of death for those under the age of 24.

In these circumstances, unless other effective remedial action is taken, the public interest requires that the broadcaster, who is profiting greatly from this use of its facilities, devote a reasonable amount of time for counter-ads informing the youth audience of the great dangers stemming from the illegal purchase of alcohol.

The FCC clearly has the jurisdiction and discretion to act under the public interest standard, as the court review in the cigarette advertising case establishes. Such action is constitutional under the more liberal First Amendment approach applicable to broadcasting, but would be upheld even if heightened First Amendment scrutiny tests were employed. Protecting and promoting the health of youth in this way serves a most compelling governmental interest, and does so not by suppressing speech but by offering more.

Because the ANA message was sent to each FCC Commissioner, we have distributed this response to each Commissioner.

The National Council on Alcoholism and Drug Dependence, Inc. provides education, information, help and hope in the fight against the chronic and often fatal disease of alcoholism, and other drug addictions. Founded in 1944, NCADD, with its nationwide network of Affiliates, advocates prevention, intervention and treatment, and is committed to ridding the disease of its stigma and its sufferers of their denial and shame.

For more information, or to contact National Council on Alcoholism & Drug Dependence, see their website at: www.ncadd.org