Second Hand Smoke • An estimated 46,000 deaths from heart disease in people who are current non-smokers • About 3,400 nonsmoking adults die of lung cancer as a result of breathing SHS • Causes asthma and asthma-related problems in up to 1 million asthmatic children • Causes between 150,000 and 300,000 lower respiratory tract infections in children under 18 months of age, and lung infections resulting in 7,500 to 15,000 hospitalizations each year
Alcoholism• “Alcohol abuse and alcoholism are estimated to have cost the nation $117 billion in 1983, while nonalcoholic drug abuse that year cost $60 billion.”• Family and marital problems often start from alcoholism.• Builds “codependency” in families• Unstable Economy – “Between 6 and 7 million workers are alcoholic, with an undetermined loss of productivity, profits, and competitiveness of American business.”• Health care costs – “Alcohol abuse contributes to the high health care costs of the elderly beneficiaries of Federal health financing programs.” – Health care costs for families with an alcoholic member are twice those for families without one, and up to half of all emergency room admissions are alcohol related
Vulnerable Audiences: Women • Mythic connection between smoking and thinness • Slims and Thins • “Nearly 40% of women who smoke, say they do so to maintain their weight.”
Vulnerable Audiences: Women• Mom Time• Even the names target: – Mommy’s Time Out – Mommy Juice – Middle Sister – Skinny Girl• Sexual Consequences – Alcohol is seen as making the individual attractive to the opposite sex – Aphrodisiac – “Romance Enhancer”
Vulnerable Audiences: Minorsday, 2000 • Every children and teenagers under the age of 18 begin smoking; 1/3 of those will eventually die from a tobacco- related disease. • Cartoon Characters • Camel No. 9 and Fantasia
Vulnerable Audiences:• Minors Liquor Flavors• “Studies have shown that among teens and young adults, stronger intentions to drink as well as more frequent drinking were related to higher exposure to TV and print ads for alcohol.”
Vulnerable Audiences: Minors• Viewership Statistics: – “Before graduating high school, students will spend about 18,000 hours in front of the television. During this time they will watch about 2,000 alcohol commercials on television each year.” – “Youth view 45% more beer ads and 27% more liquor ads in magazines than do people of legal drinking age.” – “In 2007, approximately 20% of television alcohol advertisements were on programming that youth ages 12 to 20 were more likely to view than adults of legal drinking age.”
Vulnerable Audiences: Low Income• “During 1983-2002, adults with household incomes below the poverty level and those with less than some college education consistently had higher smoking prevalence. A comprehensive approach to smoking cessation that comprises educational, economic, clinical, and regulatory strategies and emphasizes reducing disparities is required to reduce further the prevalence of smoking” - CDC
Vulnerable Audiences: Low Income• Minorities – A study found that minority neighborhoods in Chicago have on average seven times the number of billboards advertising alcohol as do Caucasian neighborhoods. – Another 2009 study in Chicago demonstrated that youth attending a school with 20% or more Hispanic students were exposed to 6.5 times more outdoor alcohol advertising than students attending schools with less than 20% Hispanic students. – In a 2008 study alcohol billboards in Atlanta, Georgia were more prevalent in neighborhoods that were 50% or more African American --perhaps the most relevant stat IMHO• Those addicted to cigarettes and alcohol are inherently vulnerable--they are no longer rational consumers.
Stats on the Ads• In Australia, an alcohol ban cut alcohol consumption by a quarter and alcohol related car accidents by 30%• In Sweden in the 1970s, a ban on alcohol advertising resulted in a 20% decrease in the consumption of alcohol• Expenditures on alcohol advertising have also been shown to parallel alcohol consumption in the United States. Early reviews of the literature concluded that alcohol advertising increases consumption.• A recent RAND corporation review affirms those conclusions, noting that early exposure to beer ads had subsequent effects in mid-adolescent consumption.
Central Hudson 4 Part TestIs the expression protected by the First Amendment? For speechto come within that provision, it must concern lawful activityand not be misleading.Is the asserted governmental interest substantial?Does the regulation directly advance the governmental interestasserted?Is the regulation more extensive than is necessary to serve thatinterest?
Slippery Slope?There’s a big difference between McDonald’s and McCormicks &Marlboros.