Pricing and Availability Alcohol Beverage Control Policies: Their Role in Preventing Alcohol-Impaired Driving ' Alexander C. Wagenaar, Ph.D. 77~ University of Michigan Susan Farrell National Institute on Alcohol Abuse and Akoholism The phrase "alcohol control policies " refers to the entire constellation of laws and regulations at the Federal, State, county, and city levels that affect how alcoholic ~,cvcragcs are manufactured, packaged, distributed, sold, and consumed. Control politics are central in any comprehensive discussion of the prevention of impaired (Iriving because the availability of alcoholic beverages is a necessary condition for inlpaircd driving. Furthermore, alcohol control policies, interacting with private market rncchanisms, directly determine the degree to which beverage alcohol is available to consumers. Concern with alcohol control policies has grown over the past two decades. Scientists xnti professionals in the alcohol studies field increasingly recognize that alcohol is a risk lxtor for a number of health problems, including traffic crashes, at both the individual :ind societal levels. That is, the more alcohol a given individual drinks, the higher the risk Ior health problems associated with that drinking, including automobile crash involve- rncnt (NHTSA 1985). 2 Perhaps more important for public policy, the relationship also holds true at the :ygrcgatc level. As a society consumes more alcohol, rates of alcohol-related problems xc likely to increase (Moore and Gerstein 1981). Clearly, the relationship is not ctnc-to-one, since hundreds of factors contribute to each health problem, including motor vehicle injuries. For example, an increase in injury risk associated with higher :Jcohol consumption could be offset by a decrease in risk resuking from other actions, \uch as increased safety belt use. The important point is that alcohol consumption and xsociated problems such as traffic crashes are viewed as public health problems, with ;I large population at risk of involvement in alcohol-related crashes. To be most effective, prevention strategies should reduce risks across the population, rather than focus on the rclalivcly small segment of society that at any given time exhibits extensive problems with alcohol (i.e., addicted drinkers). Since customs and patterns of alcohol consumption I Warm thanks are expressed to several individuals who provided helpful comments On an earlier draft: f larold Holder, James Mosher, Joan Quinlan, and Fredrick Streff. 2 Obviously, the relationship bemen alcohol consumption and alcohol problems is not deterministic, but probabilistic. Increased consumption of alcohol increases the probability of associated problems, such as `nfficcrashes. IMany individual differences and situation-specific factors affect the Outcome in any given case. BACKGROUND PAPERS apparently spread through the population by social diffusion (Skog 1980,1985), alcohol control measures are likely to affect all consumers of alcohol, including both those with low-risk drinking patterns and those with high-risk drinking patterns. Another consequence of the public health view is recognition that very small changes in behavior by huge populations can result in substantial net benefits to society in terms of reduced alcohol-related problems. For example, a small reduction in an individual's alcohol consumption is not likely to have an immediately observable effect on that person's health. However, the same proportionate decrease in alcohol consumption across the entire society is much more likely to have demonstrable benefits in terms of reduced rates of alcohol-related problems. Therefore, the relevant consideration is not whether a specific alcohol control policy has an observable effect on given individuals, but whether changes in behavior (perhaps undetectable at the individual level) cause demonstrable changes in rates of health problems in the aggregate. Alcohol control policies might affect impaired driving by two mechanisms. First, such policies encourage or restrain the total amount of alcohol consumed, and amount is a risk factor for impaired driving and the injuries that result. Second, specific control policies alter thepattern of alcohol consumption (i.e., how a given quantity of alcohol is consumed across time and across situations). For example, it is sometimes suggested that policies that encourage drinking in one's own home rather than in a bar or tavern be adopted to reduce the likelihood of impaired driving. Obviously, such policies might reduce traffic crashes but exacerbate other problems associated with alcohol, such as household injuries or spouse or child abuse. This chapter has three objectives. Fist, we describe the types of laws and regulations included under the broad rubric of Alcohol Beverage Control (ABC) policy. We briefly discuss many dimensions of ABC policy to encourage a broader consideration of the mechanisms already available that may be useful in efforts to reduce alcohol-impaired driving and its damaging consequences. We do not include a lengthy discussion and analysis of the research evidence for the efficacy of each of these many policy dimensions in reducing alcohol consumption and alcohol-related problems. For most dimensions of ABC policy, evaluation research is scarce, and many of the studies that are available have major research design or implementation problems that limit confidence in the results. Therefore, the second objective is more modest. We identify ABC policies that have a significant body of research available, specifically those for which there is a scientific basis for assessing their utility in reducing impaired driving. The third objective is to present recommendations for changes in ABC policy and its application, acknowledging that both scientific and political considerations necessarily influence both the develop- ment and implementation of public policy. Alcohol Control Policies To structure the discussion of the wide variety of alcohol control policies, we have grouped them into eight categories: o Economic control policies o Marketing control policies 3 This is not to minimize the benefits of relatively small changes in consumption in certain situations. For example, reducing a driver's blood alcohol concentration from 0.08 g/100 ml to 0.01 g/100 ml by consumption of hvo rather than four drinks in an hour reduces the risk of involvement in a traffic crash by more than SO percent (Jones and Joscelyn 1978). . Structure of the distribution system 0 Beg&&on of individual outlets o Sehmg/serving control policies . Controls on product contents and packaging 0 Legal availability control policies . Social availability control policies Some regulations span these categories; we have placed them in the category with shich they are most closely identified. The major function of the ategori&on is heuristic-to show the breadth of policies that fall under the term "alcohol control policy" and to show how specific policies are conceptually related. 3 Economic Control Policies ne most significant influence of ABC policy on the price of alcohol is the level of excise and sales taxes on those beverages. Some jurisdictions have special tax rates for ,pcciBc products (e.g., alcoholic beverages containing local citrus products are treated favorably in Florida). Federal excise tax rates on alcohol vary across beverage types (e.g., hccr, tine, distilled spirits). They are levied on the quantity sold (e.g., bottle, barrel, gallon) rather than on price, and are not adjusted for inflation. Except for a small increase in the tax on distilled spirits, Federal excise taxes have remained constant since 1951. As ;1 result of this and other factors, the real price of alcoholic beverages has fallen aut,stantially over the last several decades. State excise taxes on alcohol have been iucreascd periodically, but also tend to fall behind inflation. In addition, the effective price of alcohol to consumers is influenced by levels of disposable income available, with ;rlc(~hol becoming less expensive when macroeconomic conditions are favorable and incomes rise, unless retail alcohol prices rise accordingly. A number of other economic control policies affect the (nominal) price of alcohol to consumers. In some States, for some beverage classes, public policy determines the exact lcvcl of retail price charged to consumers, and prices are uniform throughout the jurisdiction. In some cases, price levels and variability are controlled, short of specifica- tion of exact retail prices of alcohol. Minimum/maximum prices can be established directly, or minimum/maximum markups over wholesale prices can be authorized. Rcb~tcs of purchase price after the sale arc prohibited in some areas, as are special price promotions such as "happy hour" discounts. Other inducements to purchase alcohol- such as coupons, gifts, and prizes-may be regulated or prohibited. Provisions under which credit can be extended to retailers and consumers for the purchase of alcohol also idhmcc the cost and accessibility of alcohol. Finally, the price of alcohol to some consumers is significantly affected by whether alcohol purchases are tax deductible (Mosher 1983). For those in higher income categories (i.e., with higher marginal tax rates), tax deductions for alcohol consumed in the course of business activity effectively reduce the price by one-third. Marketing Control Policies Most discussion of ABC policies concerning marketing focuses on restrictions on the advertising of alcoholic beverages. Advertising may be prohibited outright for some beverages in some media. More commonly, the content of advertising is regulated. Content issues include whether prices may be listed, whether the alcohol content of the advertised beverage may be stated, whether actual consumption of alcohol may be depicted, and minimum age for models that may be used. Current policies frequently include limits on more subjective characteristics, such as content that appeals to "Prurient interests"; is "offensive, gaudy, or blatant"; "' tllustrates women sensuously'; BACKGROUND PAPERS uses "religious signs or symbols"; or uses words like "booze" or "saloon." Current Federal regulations include language regarding limits on misleading or deceptive adver- tisements, although these limits have not been consistently enforced (Mosher and Wallack 1981). Prohibitions on lifestyle advertising bave been suggested. Lifestyle advertising closely ties alcohol consumption to personal, financial, athletic, and sexual satisfaction and success, in contrast to advertising that focuses on specific characteristics or descriptions of the beverage. Which media are appropriate for alcoholic beverage advertising is an issue in ABC policy. Should such advertising be permitted on billboards and in the broadcast media, where a substantial part of the audience is under the legal drinking age? A similar question holds for magazines having most of their readers under the legal age. The role of advertising revenues in influencing media coverage of health and social consequences of alcohol use is also relevant. The extent of such influence regarding alcohol is currently unknown. However, research has shown a clear relationship between amount of revenues received from tobacco advertisers and editorial content on the hazards of smoking. Publications with large numbers of cigarette advertisements rarely mention the hazards of smoking in their articles on health (Warner 1985,1986). In addition to advertising, many other dimensions of the promotion of alcoholic beverages are susceptible to regulation. Displays and posters promote alcoholic beverages at the point of sale. T-shirts, jackets, and other clothing reinforce messages of advertising campaigns. Other products with beverage alcohol names and images are frequently marketed (e.g., Bud Light Spuds MacKenzie dolls are sold in toy and novelty stores). Sponsorship of sporting matches, music concerts oriented toward teenagers (rock concerts), and other events also promotes alcoholic beverages. Alcoholic beverages are distributed free of charge at special promotions. Fees are paid to movie producers in exchange for depicting on-screen, integrated into the plot, the use of a specific brand of alcoholic beverages. This practice constitutes advertising even though viewers may not perceive it as such. In addition to controls on alcoholic beverage advertising, requirements for counter- advertising have been proposed. Requiring advertisements on the hazards of alcohol ("equal-time" policies) and specifying that alcoholic beverage containers have warning labels regarding those hazards are frequently mentioned as means to partially balance advertising claims that encourage alcohol use with information on the risks of such use. (Rarely do proposals for counter-advertisements literally specify "equal time." Typical- ly, a lower ratio of advertisements to counter-advertisements is proposed, for example, one counter-advertisement for every four or five advertisements.) Other proposals include compulsory warning messages in all alcohol advertising (similar to the warnings in cigarette advertisements) and required warning posters where alcohol is sold or consumed. Finally, allowing or limiting the tax deductibility of advertising and other promotional efforts is another dimension of ABC policy that affects the marketing of alcoholic beverages. Structure of the Distribution System The most commonly noted characteristic of the alcoholic beverage distribution system in the United States is whether a given State has a monopoly or license system. States are frequently dichotomized as to whether they have a monopoly on alcohol sales or whether they license private enterprises to distribute alcoholic beverages. In reality, the monopoly-license dimension is a continuum, with States distributed at varying points according to the degree to which they control alcohol sales. Monopolies are frequently limited to a single class of beverage; for example, distilled spirits may be monopolized, while beer and wine are not. Monopolies may be limited to the wholesale level, or may i~,,Tr both &oiesalc and retail sales. Conceptual an! empirjc.? development of scales , , n,c.sure where each State is on the control contmuum 1~ m the very early stages ;;r,,l~cr and Jams 1987). Such development should be encouraged to help move the rcsc.rch and policy diSCUSSiOns away from the simplistic tendency to dichotomize J&&ulion systems. ~~~~~~~~~ to rhe degree to which the distribution system is a public monopoly is the .Iruz(ult' and power of the agencies responsible for alcoholic beverage control. The :lu,T,t,c'f and characteristics of the people on the governing board, the nature of the ,,l,~~,~in[ing authority, and the grounds for removal of board members and the agency ,j;rcc[nr affcct how.responsive the control agency IS to local commumty concerns about .,j<-irhnl outkts. (;c~vcrnmcnt regulation affects many other dimensions of the distribution system ,[ruclurc, and these dimensions warrant attention regarding their effects on alcohol iL,nsumption and associated problems such as alcohol-impaired driving. Regulation of franchi.cc alcohol outlets, amount of competition permitted, degree to which private ,~~~,n~lpolics or oligopolies are permitted, provisions allowing localized prohibition of ' ,,l~~~h~>l salts, and extent of local government or community review of alcohol outlets are ,M]V ;I few of the dimensions of ABC policy that directly affect the structure of the .IIc;,hoIic hcxrage distribution system (Roth et al. 1987). l. Cpnfmdtlzatlon mvolves htmg the market to a small numkr of products and dlfferentlatmg them based on .pr$ct content, rather than on [hc image of the product and the market-segment for which d 1s positioned. For example, !hr kc. market might be restricted to hght, medmm, and heavy beer, based on alcohol il,nrcnt. With the exception of specifying the type, all packaging.and labeling would be i,lcnlicd across all brands. The implications of such a move toward generic alcoholic 1Yvcr3ges are complex and would represent a dramatic change from the current market rwcwre. - Incrcscd understanding of the nature of beverage alcohol markets and the potential rc,lC `,fABC policy in structuring those markets to minim& risks associated with alcohol m3v help identify less dramatic (and more feasible) regulatory changes that nevertheless miiht minimize adverse effects on public health. For example, wine coolers are new pr;Klucts that have been sumssftiy marketed in recent years. They are &signed to ~l~pca] to a different population from traditional wine drinkers. Even more recently, w&e