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[ Recorded presentation ] Recorded presentation

Limiting alcohol beverage marketing and sponsorship of community events: Model legislation protecting both underage youth and the First Amendment

Stacy L. Saetta, JD and James F. Mosher, JD. Center for the Study of Law and Enforcement Policy, Pacific Institute for Research and Evaluation, 6062 Graham Hill Road, Suite B, Felton, CA 95018, (831) 335-1000, ssaetta@pire.org

Sponsorship of community events is an integral part of modern marketing by alcohol industry members. A sponsor typically places banners and other outdoor signs on fences, performance stages, and at other key locations and places its logo and other insignia on event tickets, programs, drinking cups, T-shirts, and other items distributed to event participants. A sponsor can promote brand recognition through advertisements announcing the event in fliers and newspapers and on radio, television, and the Internet. Families and underage youth attending these community events are bombarded with these messages and images promoting alcohol products. Sponsorship and its associated marketing substantially undermine local efforts to reduce youth alcohol problems. Communities seeking to restrict alcohol industry sponsorship have encountered complex legal problems that frustrate these efforts. Prospective sponsors challenge local legislative measures to limit alcohol industry marketing and sponsorship on at least two grounds a) the measures violate the doctrine of state pre-emption, and b) sponsorship is a form of commercial speech protected by the First Amendment. Consequently, a strong legislative response that can withstand these arguments is necessary. This paper will analyze these questions: 1. What is the impact of alcohol industry marketing and sponsorship of community events on local efforts to reduce youth alcohol problems? 2. What legal problems do local communities face in passing legislative measures to restrict alcohol industry marketing and sponsorship of community events and how can they be addressed? 3. How can local communities draft legislation to restrict alcohol industry marketing and sponsorship of community events in order to withstand legal challenges from the alcohol industry?

Learning Objectives: At the conclusion of the session, the participant (learner) in this session will be able to

Keywords: Alcohol, Policy/Policy Development

Related Web page: www.pire.org/

Presenting author's disclosure statement:
I do not have any significant financial interest/arrangement or affiliation with any organization/institution whose products or services are being discussed in this session.

[ Recorded presentation ] Recorded presentation

Institute of Medicine Report on Underage Drinking: Mobilizing for Action

The 132nd Annual Meeting (November 6-10, 2004) of APHA