The Betting on Our Future Act, if passed, would prohibit the advertising of sportsbooks on TV, radio, and the internet, which are under the control of the Federal Communications Commission (FCC).
This proposed act takes inspiration from the Federal Cigarette Labelling and Advertising Act of 1965, which banned tobacco advertisements in the US. Violating this act would be considered a violation of the Communications Act of 1934.
The act addresses the rapid growth of sports betting in the US and the resulting social changes. The increased marketing expenditure by US-facing operators during 2020 and 2021, following the Supreme Court’s repeal of the Professional and Amateur Sports Protection Act of 1992 (PASPA), is seen as a cause of concern for the American public.
A prominent example is DraftKings, which spent nearly $500 million on sales and marketing in 2020. Most operators have reduced their marketing spend, except for Flutter-owned FanDuel, which spent over $1.0 billion on marketing in 2022.
The bill’s proponent, Representative Tonko of New York, also referenced polling by Pew Research that indicated around one in five American adults bet money on sports in 2022. He argues that companies use predatory tactics, such as large promotions and misleading claims like “risk-free” or “no-sweat bets,” which pose a risk.
The National Problem Gambling Helpline Network received 270,000 calls in 2021, a 45% increase from the previous year, further highlighting the concerns associated with sports betting advertising.
The American Gaming Association (AGA) and its members oppose any legislation that restricts or bans casino gaming advertising, including legal sports betting. They argue that the legal gaming industry prioritizes responsibility and has invested significantly in responsible gaming and problem gambling resources. This includes the establishment of Responsible Marketing Codes for Sports Wagering, which ensure responsible gaming messages are included in advertising and impose restrictions on target audiences, outlets, and content.
Critics of the bill, such as Chris Cylke, Senior VP of AGA, contend that it would benefit illegal offshore operations and undermine state and tribal gaming regulators. Moreover, they argue that the proposed legislation violates federal free speech protections.
