Federal laws do not ban alcohol advertisements on the radio, but their airtime has still been limited.
No federal regulations explicitly prohibit radio stations from airing advertisements for alcoholic beverages. However, there are other reasons that radio stations may air only a limited number of alcohol ads, or none at all. Broadcasters face industry pressure over the types of commercials they air. They may also have contractual relationships that bar or limit alcohol ads. Finally, alcoholic beverage producers voluntarily restrict where they place ads in the interest of discouraging underage drinking.
FCC Regulations
The Federal Communications Commission restricts the content of some types of radio advertisements, but is silent on alcohol. The FCC, for instance, does not allow radio stations to air ads for some kinds of tobacco products, including cigarettes and chewing tobacco. The ban does not apply to cigars, pipes, or pipe tobacco, however. The First Amendment and Section 326 of the Communications Act limit the FCC's power to censor broadcast material.
NAB Rules
The National Association of Broadcasters once barred its member stations from airing ads for hard liquor. The U.S. Justice Department struck down the NAB's Radio Code in 1982, due to anti-trust concerns. Although the ban is no longer in effect, some stations have continued to enforce it.
NCAA Rules
Radio stations that air college sports games must limit alcohol advertising as a condition of their contracts with the National Collegiate Athletic Association. The NCAA limits alcohol ads to 60 seconds per hour, or a maximum of 120 seconds per broadcast. The ads must also include messages to "drink responsibly."
Industry Self-Regulation
Alcoholic beverage manufacturers voluntarily avoid advertising on some radio stations. Industry groups like the Beer Institute advise their members not to advertise in any media "where most of the audience is reasonably expected to be below the legal purchase age." The Distilled Spirits Council of the United States, Wine Institute and Century Council have similar guidelines. However, a 2004 report by the Centers for Disease Control and Prevention suggested that those guidelines were not enough. The report found that about half of all alcohol advertising on the radio aired during programs that attracted a youth-oriented audience.
Public Radio
Public radio stations do not air advertisements. They do, however, acknowledge corporations that support them in what are called underwriting announcements. These announcements differ from ads in that they name the sponsoring companies, but do not promote them. Some public radio stations have voluntarily banned underwriting announcements from alcoholic beverage companies; others have not. National Public Radio follows guidelines developed in 2005 that allow a limited amount of alcohol-related underwriting.
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