Commission Enforcement Policy Statement Regarding Clear and Conspicuous Disclosures in Television Advertising

. ,a,...'. \
FEOEfU\L
-.nnorI kH'l 	r.
CO~~~~ISSION
\
\
..... ... 	'\\ .
WASHINGTON, o. ·o, 20580
..
i
. . 	~
·- ---- ------
For further information call:
David H. 	Buswell
Office of Public Information
(202) 	962-7144
' FOR RELEASE After 8:30 A.M., 	Wednes'day, October 21, 1970
I
COMMISSION ENFORCEMENT POLICY STATEMENT IN REGARD TO CLEAR AND
CONSPICUOUS DIScLOSURE IN TELEVISION ADVERTISING
. 	\ ~ . 	. 	.
Commission in recent years has issued various opinions, 	orders and. 	I	~ 	\
....
trade
regulation rules 	that are concerned with the need for ·affirmative disclosures in
'
conpection with ce~tain kinds of rep~esentations. 	These disclosures have been req_ui:ced,
'	. 	I
in general 	terms, 	to be "clear and C:!onspicuous". 	Because quest~ons have bee~ raised
as to the specific meaning of the term "clear and conspicuous", 	the Commissio.t deems
it appt"opriat_e 	to ifet forth 	the standards it considers in determinir.g wheth.::~, in fact,
an affirmative didclosure in a 	television commercial is "clear and conspicuous''.
I. 	In making this determination, 	the Commission will take into 	..:.vnsicie'::'aU(,r: al::..
the 	technical factors 	(size of letters, duration of disclosure, 	etc.) 	used in p ~ esen~· ·
ing the disclosure to a 	television audience as well as the substance ::>f ;:he individual
disclosure. 	Specifically, 	the Commission believes that each of the following &pecific
.atandards shoulq be met for a 	television disclosure to be deemed clear and c::>rspicuous:
II
A•. 	The .disclosure should b~ presented simultaneously in both the audio anc video'
• portions of the 	television advertisement.
.·
B. 	The video portion of 	the disclosure muse 	contain letters o£ suffic~ent ~~ze
so that i.t. can be easily seen and read on all television sets~ 	regardless o;.
picture ~ube size, 	that are commercially available for 	the conscming publi~.
,,, f '--',...... ------- · ·- '-
C. 	The video portion of.....th&-di"S"floa-.~re should ·· contain letters of a color or
shade that reaQily contrast with the backgroundo 	The backgrour.d should consist
of only one color or·shada.
'·I
·	·n· 	.•
·i
·'
-- --·-·· -...-.7 ·......-.--:... ..... _ _:_._ __ ·.- ',
' i
' 'i.' I
i I
• 'i
·. I
. \ i
•I •
'I I
. .l
~ ;
·I	• .

- 	2 -
, D. 	-During the audio portion of the disclosure, 	no other sounds, 	including
music, 	should be presented.
E. 	The video portion of the disclosure should appear on the screen for ~
sufficient duration to enable it 	to be completely read by the viewer •
.
F. 	The audio and video portions of the dis~~osure should immediately follow the
specific sales representation to which they relate, 	and should be presented each
· time the representation ia presented during the advertisement. 	In cases where
a disclosure is required, but is not linked to·a specific representation, 	it
should appear in immediate conjunction with the major sales 	theme of the
advertisement.
II. 	Television advertisers should consider the audience to whom the disclosure
directed in order Jo assure that such persons can understand 	the full meaning of 	\
disclosure. 	For1ET.fample, 	a disclosure appearing in a television advertisement
ted at children i~st be written and presented in a manner that would be under-
toad by them and hava the capacity to attract 	their attention. 	The substance of 	·
disclosure should:pe such that it can be understood by all those individuals that-
tand 'the sales ··representation ·of the advertisement. 	If securing this under-
!
ing is impractic~l, 	then th~\~dverbisements containing such representation~
not))e. used on television.,\:. .". 	· 	.
-~--- 	-·-,.)'.:,~;;::"., ...
./.'
/
·,.
,• .
.•	
. '
. '.:/"
:-·:...·
~ ''.....
. .~. .
~: .
•., '
\ •, < ' ' '. ' 	~' ~ ',,..::
~ .·, ' :'. ~· ..•,· ~ ,• ; ' t ...	
.... ; • 	\ <
··'
\ 	• <
. .. ,., I •
· .. I
,,
...,..~·:	
....
. .	' ....
'·
' '<	
' 	..
-~
·. ' ~ ,
.. ..... , ..
•..
.,
-.
; 	.
t
!I
l· •
...• i
t',
.;·
(/
t~ 'v 	' !
.;·