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ARTICLE · 17 DECEMBER 2001

Utah’s Alcohol Advertising Regulations Challenged

United StatesMedia, Telecoms, IT, Entertainment
Hal Flowers
Hal Flowers

A primary role played by a state alcohol regulatory agency is monitoring the impact of the beverage alcohol industry on the public. Indeed, many state agencies were created by laws the express purpose of which was the promotion of temperance among state citizens. Not surprisingly, therefore, should a citizen voice concerns regarding the content of a particular alcohol advertisement, a beverage alcohol regulatory official may be charged with investigating the advertisement in question.

Once a regulatory official has developed concerns about the content of an advertisement, he or she must carefully consider how to proceed. If an industry member has expended significant resources in preparing an advertisement and has employed its own evaluation concerning the ad's suitability, the member understandably may be resistant to any regulatory pressure to alter the ad. Should the official decide to restrict an industry member's right to advertise basic product information, that

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