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NEW...HOT OFF THE PRESS

Special two-fer this morning.  

First, this is the first issue of a new publication we�re launching focusing on the 
growing movement to ban advertising for politically incorrect industries and products. 
 As you�ll see in this issue of �Ad Finitum,� there are efforts underway to ban food 
advertisements on kids� TV, as well as a renewed push to ban beer commercials.  (You 
know, those Budweiser frogs are just so cute that 4-year-olds are rushing out to pick 
up a six-pack and party in the playpen!)

Plus, there�s an all-new Muth�s Truths posted on our News & Views EXTRA page this 
morning.  What do the Ten Commandments, Zell Miller and gays have in common with cops 
and Coors beer?  A very healthy trend in public policy discussions which each of you 
should be encouraging EVERY chance you get.  Read all about it at: 
http://www.chuckmuth.com/newsandviews/nv.cfm

Now on with the show...

PROHIBITIONISTS STILL AT IT

�Richardson (Texas) resident Howard Lydick, president of the National Temperance and 
Prohibition Council, has been active in the fight to restrict alcohol since 1946, when 
he unsuccessfully tried to stop Kansas from repealing prohibition,� reports Allen 
Houston in the Allen American. �He said pastors are worn out by the onslaught of 
alcohol advertising on television and the way drinking has become increasingly 
accepted in society.  Lydick said prohibition works and he would like to see Texas and 
the United States ban the sale of alcohol completely.�

Lydick needs to drink two martinis and call us in the morning.

DODGEBALL-AND-BEER HYSTERIA

�An alcohol policy advocacy group complained yesterday that the new film �Dodgeball: A 
True Underdog Story� exposes too many teenagers to beer advertising, through 
placements of packaging and signs for the Budweiser and Bud Light brands sold by the 
Anheuser-Busch division of the Anheuser-Busch Companies,� reports the New York Times.  
�The advocacy group, the Marin Institute for the Prevention of Alcohol and Other Drug 
Problems cited �Dodgeball,� which was the No. 1 film last week in its first week, as 
an example of aggressive beer marketing to teenagers through placements in films rated 
PG-13.�

These people need to get a life.

AD BAN DOWN UNDER

The Labor Party in Australia is pushing hard for a ban on �junk food� advertising on 
television, leading Prime Minister John Howard to remark, �There is nothing wrong with 
eating McDonald's, it is how much McDonald's you eat that is the problem."  This is an 
apparent reference to filmmaker Morgan Spurlock who gained 25 pounds after eating like 
a pig at McDonald�s three times a day, every day, for 30 days.  Duh.

"If you apply the philosophy of the Labor Party, you would ban altogether 
advertisements for alcohol, analgesics and Panadol,� Howard said on the floor of the 
Australian House of Representatives.  "Where does it end? Do you put a ban on wine? Do 
you put a ban on alcohol? Coffee, too, because that has caffeine in it. . . . Once you 
start going down this path, you can always mount an argument for going further."  

A slippery slope, indeed.

WHOSE JOB IS IT ANYWAY?

A June 23 editorial in the Pasadena (CA) Star News claimed that, �Children nationwide 
are 400 times more likely to see TV advertising encouraging alcohol consumption than 
TV advertising discouraging underage drinking.�  The editorial cited an unnamed study 
purporting to show that alcohol companies spent a lot more money advertising the sale 
of their products on television than they did discouraging underage drinking.  Duh.

The folks over at the Star News need to get a clue.  The objective of advertising is 
to SELL a product, not discourage the sale of a product.  Frankly, the job of teaching 
kids about alcohol use is the job of PARENTS, not beer companies.  If do-gooders and 
prohibitionists want to run public service commercials doing the parents� job of 
discouraging underage drinking...fine.  But to suggest this is a responsibility of the 
manufacturer defies common sense...not to mention freedom of speech.  That freedom 
includes not only the right to speak...but the right NOT to speak.

Nevertheless, the Star News has called for a boycott of any alcoholic beverage company 
that, in their opinion, has �shown itself to care nothing for their children's 
welfare.�  Oh, please.  I�m going to boycott a beer company which brews a beer I like 
because it refuses to run ads which discourage me from buying my favorite beer?  I 
don�t think so.  

These beer ad banners are close to insane in what passes for their �logic.�

LIKE FATHER, LIKE SON

Do you remember the name David Boies?� He was that obnoxious lawyer who kept filing 
appeal after appeal after appeal down in Florida trying to overturn the 2000 
presidential election results and install the clinically insane Al Gore into the Oval 
Office.� His case had no merit.� He lost.� But he raked in a ton of cash for his 
efforts.  Well, as they say, the acorn doesn't fall far from the tree.

Keep an eye on the Son of Boies.� Young David the Third is leading the new charge to 
cha-ching the bank accounts of plaintiff�s lawyers off the back of a successful 
American industry.� This junior ambulance-chaser is busy filing lawsuits against beer 
and liquor companies across the fruited plain charging that advertisements for their 
products are the cause of underage drinking in the country.

Boies claims that some parents give their underaged kids money, which those kids then 
use to illegally purchase alcohol after seeing a TV commercial, and who then drink and 
drive and have an auto accident.  Therefore, according to the lawsuits, the families 
of the crash victims (not to mention Boies) should be entitled to a massive 
payday...from the beer and liquor companies.  Huh?

Shouldn�t the person behind the wheel be responsible for their own actions?  Or maybe 
the parents of the kids who weren�t keeping a better eye on their offspring?  Not if 
your motive is to cash in big rather than solve the underage drinking problem. And 
suing deep-pocketed manufacturers who have done nothing wrong or illegal is the 
quickest way to pay for that new Lexus and weekend in Vegas, baby!

The most worst part of all this is that Boies doesn't really care if he wins in 
court...and probably isn�t all that bothered by kids who break the law.� He just hopes 
to blackmail companies into paying him to make his lawsuits disappear without the 
cases ever making it to court. 

Let�s hope these companies--who not only contribute millions annually to help fight 
underage drinking (when they really don't have to, mind you), but are simply following 
the rules and legally advertising their products--fight back.� Sooner or later 
somebody has GOT to do something to stop this lawsuit cancer running rampant through 
society which attempts to fix blame, not on those actually responsible, but those with 
the biggest bank account.

BANNING FOOD ADS ON TV

Dale Kunkel, a University of California at Santa Barbara communications professor, and 
Yale obesity expert Kelly Brownell are two of the folks leading the charge for a 
government ban on television food ads aimed at kids, maintaining the commercials are 
responsible for the growing weight problems of so many American youth.  

Horse-hockey, says Todd Zywicki of the Federal Trade Commission.  In a recent panel 
discussion on the subject, columnist Jacob Sullom writes that Mr. Zywicki blew this 
silly notion out of the water by asking the audience �to imagine a fat child who 
watches 6 hours of Nickelodeon a day. Would you expect him to get thinner if his 
parents switched him to 6 hours of commercial-free PBS programming?�

Touche.  

As Sollum notes, it�s sitting around watching TV all day without exercise which will 
pack the pounds on you, not watching food commercials.  Additionally, as Sollum points 
out, �If parents don't have the wherewithal to say no when their kids ask for 
something they saw on TV, their problems go far beyond the risk of chubby offspring.�

What a novel concept: Expecting parents to take responsibility for their kids instead 
of blaming someone else.  Fat chance that it�ll catch on, though.  

FTC SEZ: AD BANS NOT THE ANSWERS

�The alarming increase in obesity is a complex public health issue that demands 
effective response by parents, industry, physicians, consumer advocates and 
government. One idea suggested is to ban television commercials for �junk food� 
directed at kids. This chestnut first surfaced at the Federal Trade Commission in the 
late 1970s. It didn't go anywhere then -- and it shouldn't go anywhere now. In fact, 
the FTC's experience with proposals like this one shows that advertising bans are like 
the �quick-fix� weight-loss products we challenge: appealing on the surface, but 
ultimately useless.

�Banning junk food ads on kids' programming is impractical, ineffective and illegal. 

It's impractical because, although kids see many food ads on children's programming, 
most ads they see air on programs that are not directed to them. The FTC's 1978 
proposal to ban advertising on programs for which young children comprised at least 
30% of the audience would have affected only one program -- the now iconic �Captain 
Kangaroo.�

A ban would be ineffective because there is no reason to think that the ads kids see 
make them obese. Although American children see thousands of food ads each year, they 
have done so for decades -- since long before the dramatic upswing in obesity�

�Finally, a ban would be illegal. . . . Our First Amendment requires government to 
demonstrate that restrictions on truthful, non-misleading commercial speech for legal 
products meaningfully advance a compelling interest. Because a children's advertising 
ban would be ineffective, it would fall far short of that test.

�Attacking food advertising may offer the illusion of progress in the fight against 
childhood obesity. But in the end Americans must eat less and exercise more.�

- Timothy Muris, chairman of the Federal Trade Commission, Wall Street Journal, 6/25/04

*********************************************
Ad Finitum is published by Citizen Outreach and edited by Chuck Muth.  For more 
information, please visit www.citizenoutreach.com.






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