Permissible period of time during which new product may be described as "new The Commission was recently…

No. 120. Permissible period of time during which new product may be described as "new The Commission was recently requested to render an advisory opinion as to the permissible period of time during which an advertiser could continue to describe a new product as being new, The Commission pointed out that the word "new" may be properly used only when the product so described is either entirely new or has been changed in a functiona11y significant and substantial respect. A product may not be ca11ed "new" when only the package has been altered or some other change made which is functiona11y insignificant or insubstantial. Assuming that a particular product could truthfu11y be described as "new" in the fIrst instance, the opinion noted that there is litte precedent for determining how long an advertiser may truthfu11y continue to describe it as "new." The Commission

stated it was aware, of course, that the word has been frequently abused and that it is in the interest of all advertisers to have established ground rules for its use. However, the time period during which a particular product may be called "new " will depend upon the circumstances and is not subject to precise Jimitations; any selection of a fixed period of time or a rigid cut-off date would have to be arbitrary in nature. Further, any such attempt would not only fence in all advertisers without regard to the circumstances, but \vould fence in the Commission as well and deprive it of all flexibility in dealing with individual situations. Instead, the Commission felt it would be preferable, considering the absence of precedents, to establish a tentative outer Jimit for use of the claim, while leaving itself free to take into consideration unusual situations which may arise. Thus, the Commission s position was that until such a time as later developments may show the need for a different rule, it would be inclined to question use of any clain1 that a product is "new " for a period of tin1€ longer than six months. This general rule would apply unless exceptional circumstances warranting a period either shorter or longer than six months were shown to exist. (File No. 673 706H, released Apr. 15 , 1967.