H-3327

AN ACT Relating to health warnings in liquor advertising; amending RCW 66.08.060; adding new sections to chapter 66.28 RCW; adding a new section to chapter 66.08 RCW; creating a new section; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that adult citizens of this state have the right to use alcohol in a responsible manner. However, the illegal use of alcohol by minors, the high incidence of driving while under the influence of alcohol, the health risks associated with the abuse of alcohol, and the large number of alcohol-related crimes in Washington state are all compelling problems that the state must address.

Alcohol is an illegal drug for persons under twenty-one years of age, yet it has been estimated that over fifty thousand students in grades six to twelve in Washington schools can be considered heavy drinkers and over fifty percent have tried alcohol. Almost one-half of the deaths and almost one-quarter of the disabling injuries on Washington highways result from accidents involving drivers under the influence of alcohol. As a class, young people are greatly overrepresented in the number of alcohol-related collisions. Alcohol-related accidents are the leading cause of death of sixteen to twenty-four year olds in the United States.

Alcohol abuse has been linked to a wide array of family and health problems, causing much pain and suffering. The treatment of these problems raises the cost of health care for all citizens of the state. Approximately one hundred forty-five babies are born in Washington each year with fetal alcohol syndrome. Fetal alcohol syndrome is the third leading cause of mental retardation in the United States.

More than one-third of the arrests in the United States each year are related to alcohol abuse. Taxpayers in the United States pay one hundred fifty million dollars a year for the arrest, trial, and jail time of these people.

The legislature further finds that advertising has a tremendous effect on the attitudes, beliefs, social behavior, and consumer behavior of citizens of all ages, especially young persons. It is estimated that over seventy percent of high school seniors watch some television every day. The average primary and secondary level student spends more time watching television than doing homework. Many advertisers have taken advantage of this eager market by explicitly or implicitly purveying the message that alcohol contributes to a person's attractiveness, athletic ability, professional ability, or social status. Advertisers have also attempted to make alcohol appealing to young people by linking alcohol to various animated characters and mascots. Moreover, some alcohol advertisements convey a sexist message by objectifying women.

Recognizing the severity of the problems associated with alcohol use and abuse, recognizing that the twenty-first amendment to the Constitution of the United States grants states the power to prohibit the sale of liquor entirely, or to regulate the time, place, and manner in which it may be served, recognizing the overriding state interest in protecting the health, welfare, and safety of its citizens, and recognizing that the right to sell liquor in the state of Washington is subject to any condition imposed by the state, the legislature intends that any person or entity advertising or promoting the sale of liquor in this state shall provide health warnings in the manner required by this act. The purpose of these warnings is to provide public education on the following issues: The dangers of drinking liquor while pregnant; the dangers and consequences of driving or operating machinery while under the influence of liquor; the dangers of using alcohol while using other drugs; the danger of addiction to alcohol; and the fact that alcohol is illegal for persons under twenty-one years of age.

Sec. 2. RCW 66.08.060 and 1933 ex.s. c 62 s 43 are each amended to read as follows:

The board shall not advertise liquor in any form or through any medium whatsoever. The board shall have power to adopt any and all reasonable regulations as to the kind, character and location of advertising of liquor, subject to any restrictions imposed upon liquor advertising under this title.

NEW SECTION. Sec. 3. A new section is added to chapter 66.28 RCW to read as follows:

(1) It is unlawful for any person to advertise or cause to be advertised within the state of Washington any liquor unless the advertising bears one of the following health warnings:

(a) "Surgeon General's Warning: Drinking during pregnancy may cause mental retardation and other birth defects. Avoid alcohol during pregnancy."

(b) "Warning: Alcohol impairs your ability to drive a car or operate machinery."

(c) "Warning: Alcohol may be hazardous if you are using any other drugs such as over-the-counter, prescription, or illicit drugs."

(d) "Warning: Drinking alcohol may become addictive."

(e) "Warning: It's against the law to purchase alcohol for persons under age 21."

(2) "Advertise" means to make a representation in any medium for the purpose of inducing, or which is likely to induce, the purchase of a product.

(3) Every manufacturer or importer selling liquor within the state of Washington shall submit a health warning rotation plan for approval by the board. The plan shall provide for roughly equal distribution of the health warnings required by this section and section 4 of this act on advertisements of each brand style.

After December 31, 1992, no person may advertise or cause to be advertised within the state of Washington any liquor except in accordance with a plan approved under this subsection. An approved plan shall apply with respect to the applicant for a one-year period beginning on the date the plan is approved.

NEW SECTION. Sec. 4. A new section is added to chapter 66.28 RCW to read as follows:

(1) The health warnings required for liquor advertisements by section 3 of this act shall:

(a) For print advertising, be located in a conspicuous place and manner on each advertisement;

(b) For radio advertising, be read audibly and deliberately on each advertisement; and

(c) For television advertising, be read audibly and deliberately and be accompanied by a graphic representation that is conspicuous and legible on each advertisement.

(2) The board shall adopt rules to take effect no later than January 1, 1993, to implement this section.

NEW SECTION. Sec. 5. A new section is added to chapter 66.08 RCW to read as follows:

The board may suspend a manufacturer's or importer's right to sell liquor in this state for noncompliance with section 3 or 4 of this act.

NEW SECTION. Sec. 6. A new section is added to chapter 66.28 RCW to read as follows:

The advertising of liquor in a manner that does not comply with the requirements of section 3 or 4 of this act is a matter affecting the public interest for the purpose of applying chapter 19.86 RCW. Liquor advertising that does not comply with the requirements of section 3 or 4 of this act is not reasonable in relation to the development and preservation of business. A violation of section 3 or 4 of this act constitutes an unfair or deceptive act or practice in trade or commerce for the purpose of applying chapter 19.86 RCW.

NEW SECTION. Sec. 7. Section 3 of this act shall take effect January 1, 1993.