Among other provisions, these codes direct that no more than 28.4% of the audience for an ad may consist of people under 21, based on reliable audience data and that ad content should not appeal primarily to people under 21. Most alcohol advertisers have pledged to comply with one of three voluntary self-regulatory codes designed to limit targeting of teens. The First Amendment provides substantial protections to speech, and thus substantially limits the government’s ability to regulate truthful, non-deceptive alcohol advertising based on concerns about underage appeal. For this reason, the Federal Trade Commission has long encouraged the alcohol industry to adopt and comply with self-regulatory standards to reduce the extent to which alcohol advertising targets teens, whether by placement or content.
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