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Reference
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Prohibit False Advertising
 The state does not address the regulatory practice.
 At least one but not all elements of the best practice are present.
 All elements of best practice are present.
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Best Practice: An effective law has three components (1) includes "misleading" as a specific term and has language to the effect that the provision covers advertising that can create a misleading impression irrespective of falsity; (2) applies to alcohol advertising generally in the state; (3) does not focus on product quality or ingredients.
Source: Center on Alcohol Marketing and Youth (CAMY), State Alcohol Advertising Laws: Current Status and Model Policies, April 2003.
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Targeting Minors
The state does not address the regulatory practice.
At least one but not all elements of the best practice are present.
All elements of best practice are present. |
Best Practices are statutes that are not constrained by any of the elements listed below.
(1) "proof" that the advertiser intended to target underage persons; (2) limitations regarding the types of advertising included (Easter Bunny, Santa Claus); (3) use of the term "child" or "children", which can be interpreted to omit those 19-20 years of age; (4) "proof" that the ad has a "special appeal" or is particularly attractive to underage persons.
Alabama provides a model for a "targeting minors" statute:
No advertisement shall include anything which might appeal to minors by implying that the consumption of alcoholic beverages is fashionable or the accepted course of behavior.
[Ala. Admin. Code § 20-X-7-.01 (e)]
Source: Center on Alcohol Marketing and Youth (CAMY), State Alcohol Advertising Laws: Current Status and Model Policies, April 2003.
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Portraying Children
The state does not address the regulatory practice.
At least one but not all elements of the best practice are present.
All elements of best practice are present. |
Best Practice: Some states prohibit the portrayal of children in alcohol advertising. This is a significantly less important issue and can probably be inferred if a state has statutes that either prohibit false advertising or targeting minors.
Source: Center on Alcohol Marketing and Youth (CAMY), State Alcohol Advertising Laws: Current Status and Model Policies, April 2003.
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Athletic Achievement
The state does not address the regulatory practice.
At least one but not all elements of the best practice are present.
All elements of best practice are present. |
Best Practice: Statutory language varies to some degree across state provisions. The prohibitions may relate to "pictures", "illustrations", and/or "statements" in the advertisements, and these may "contribute to", "enhance", or leave readers to "reasonably infer" that alcohol is involved in athletic achievement.
Source: Center on Alcohol Marketing and Youth (CAMY), State Alcohol Advertising Laws: Current Status and Model Policies, April 2003. |
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Intoxication
The state does not address the regulatory practice.
At least one but not all elements of the best practice are present.
All elements of best practice are present.
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Best Practice: The provision should prohibit (1) the portrayal and/or the encouragement of intoxification in the ad; and or (2) the promotion of intoxication in any way-through referring to its enhanced alcohol content or emphasizing its intoxicating qualities.
Source: Center on Alcohol Marketing and Youth (CAMY), State Alcohol Advertising Laws: Current Status and Model Policies, April 2003. |
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Electronic Media Regulation
The state does not address the regulatory practice.
At least one but not all elements of the best practice are present.
All elements of best practice are present.
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Best Practice: States have largely abdicated regulatory authority for electronic media - television and radio - even though a review of federal preemption law suggests that only transmissions into state from out of state or on cable are preempted. In other words, broadcasters that originate within a state are subject to state regulation.
Source: Center on Alcohol Marketing and Youth (CAMY), State Alcohol Advertising Laws: Current Status and Model Policies, April 2003. |
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Outdoor Ads Near Children
The state does not address the regulatory practice.
At least one but not all elements of the best practice are present. All elements of best practice are present. |
Best Practice: Ban or severely restrict outdoor advertising.
Source: Center on Alcohol Marketing and Youth (CAMY), State Alcohol Advertising Laws: Current Status and Model Policies, April 2003. |
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Outdoor Ads near schools, playgrounds, churches
The state does not address the regulatory practice.
At least one but not all elements of the best practice are present.
All elements of best practice are present. |
Best Practice: A well drafted youth-placement ordinance will incorporate this variable, which involves establishing distance requirements from specific youth venues.
Source: Center on Alcohol Marketing and Youth (CAMY), State Alcohol Advertising Laws: Current Status and Model Policies, April 2003. |
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Retail, Windows, Outside areas
The state does not address the regulatory practice.
At least one but not all elements of the best practice are present.
All elements of best practice are present. |
Best Practice: Provisions that restrict print advertising on the outside of the building or the inside of windows (and viewable from the outside).
Source: Center on Alcohol Marketing and Youth (CAMY), State Alcohol Advertising Laws: Current Status and Model Policies, April 2003.
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College Campus Advertising
The state does not address the regulatory practice.
At least one but not all elements of the best practice are present.
All elements of best practice are present.
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Best Practice: (1) advertising in college newspapers and other publications is prohibited; (2) advertising on campus is prohibited; and (3) all college campuses in the state are included.
Source: Center on Alcohol Marketing and Youth (CAMY), State Alcohol Advertising Laws: Current Status and Model Policies, April 2003. |
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Sponsoring Civic Events
The state does not address the regulatory practice.
At least one but not all elements of the best practice are present.
All elements of best practice are present.
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Best Practice: Required state provisions that: (1) prohibit alcohol industry sponsorship of college/school events; (2) prohibit alcohol industry sponsorship of events in public venues (parks, street fairs, government buildings); (3) significantly limit sponsorship of events in private venues other than alcohol retail outlets.
Source: Center on Alcohol Marketing and Youth (CAMY), State Alcohol Advertising Laws: Current Status and Model Policies, April 2003.
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