CSAP’s Northeast Center for the
Application of Prevention Technologies
Funded by the Center for Substance Abuse Prevention (CSAP), Substance
Abuse and Mental Health Services Administration Grant # UD1SPO8999-01.
© 2001 Education Development Center, Inc. All rights reserved.
POLICY FACT SHEET
Public policies—laws and regulations—can be designed to limit
access to substances and to decrease the problems associated with their
use. One reason policies work is that they create a change in the environment
itself (in contrast to efforts that aim at individual behavior change).
Policy strategies are most likely to be effective if they do one or
more of the following:
- Increase the price of alcohol or tobacco
- Set the legal blood alcohol content (BAC) limit to 0.08
- Set the legal BAC limit to 0.00 (or no higher than 0.02) for people
under the age of 21
- Provide deterrents to using alcohol or provide incentives for not
using
- Limit the location and density of alcohol retail outlets
- Restrict the use of tobacco in public and private workplaces
Some environmental policies are developed and implemented by the government,
usually at the State level. But many other regulations can be put into
place at the community level to achieve similar goals. For instance:
- Restrictions on smoking in public places (e.g., movie theaters and
restaurants)
- Open-container laws prohibiting alcohol consumption in public places
- Limits on the location, density, and hours of operation of liquor
stores
- Rules governing the use and placement of cigarette vending machines
- Regulations on advertising and billboard placement in the community
- Institutions or organizations can implement certain environmental
policies; for example, companies can declare themselves to be smoke-free
workplaces, and universities can decline to serve alcohol at their
functions.
POLICY ILLUSTRATION
Officials Pass Ordinances Restricting Outdoor Tobacco
and Alcohol Advertising2
A stroll through almost any inner-city neighborhood demonstrates what
researchers know to be true: Alcohol and tobacco billboards saturate
many communities, particularly urban and less affluent communities that
lack the zoning regulations or neighborhood mobilization to keep such
billboards out. On one of these walks, it would be hard to miss the
images of attractive people, often people of color, portrayed as sexy,
wealthy, and happy. You might also notice amusing, friendly characters,
such as the Budweiser Frogs or, until recently, Joe Camel.
It is impossible to shield children from these images. Unlike television
or radio, billboards cannot be turned off. And, unlike print ads, they
cannot be restricted to adult-targeted magazines. In fact, many activists
charge that alcohol and tobacco billboards deliberately target children
by using cartoon characters and talking animals. One study in an urban
Latino community found that children passed as many as 60 alcohol advertisements
on their way to school every day.3
Baltimore, one of the first communities to implement local ordinances
against outdoor advertising of alcohol and tobacco, became the target
of a lawsuit by Anheuser-Busch, the world’s largest brewer. A company
spokesperson warned that the brewer would "vigorously defend our
right to advertise to adult consumers throughout the nation and in all
media." Anheuser-Busch’s lawyers argued that alcohol is a
legal product, and therefore its advertising should not be treated differently
from any other form of advertising. The court disagreed, basing its
decision on a precedent set by the U.S. Supreme Court in 1980, allowing
regulations to restrict commercial speech under certain conditions.
The ruling in Anheuser-Busch v. Schmoke found that the
ordinance was legal for several reasons, including the following:
- Baltimore’s goal of protecting the welfare and temperance of
children was in the government’s interest.
- The ban was limited to areas in the city where children were likely
to be present.
- The regulations did not limit the company’s ability to advertise
in other venues.
- Billboards are an appropriate target for regulation because of their
intrusiveness in a community.
- Children deserve special protections from aggressive marketing practices.
Anheuser-Busch appealed the decision in Anheuser-Busch v. Schmoke,
but it was upheld by the Fourth Circuit Court of Appeals. The brewer
then appealed to the Supreme Court, which refused to hear the case.
It is likely that the Supreme Court will eventually hear a case on the
rights of commercial speech with respect to products that are illegal
for children. For now, however, two lower courts have stood in favor
of Baltimore, and other cities are following its lead.
