Deceptive Advertising as to Sizes of Viewable Pictures Shown by Television Receiving Sets, The Federal Trade Commission pursuant to the Federal Trade…

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PART 410— DECEPTIVE ADVERTISING AS TO SIZES OF VIEWABLE PIC­ TURES SHOWN BY TELEVISION RE­ CEIVING SETS The Federal Trade Commission pur­ suant to the Federal Trade Commission Act, as amended, 15 U.S.C. 41, et seq., and the provisions of Part I, Subpart B of the Commission’s procedures and rules of practice, 16 CFR 1.11, et seq., has conducted a proceeding for the amendment of the Trade Regulation Rule relating to the advertising of tele­ vision picture sizes (31 F.R. 3342), which rule became effective on January 1,1967. Notice of the amendment proceeding was published in the F ederal R egister on April 21, 1971 (36 F.R. 7536). Inter­ ested parties were thereafter afforded opportunity to participate in the pro­ ceeding through the submission of written data, views, and arguments as to the proposed amendment and to ex­ press their approval or disapproval of the proposed amendment or to recom­ mend revisions thereof.

The Commission has now considered all matters of fact, law, policy and dis­ cretion, including the data, views, and arguments submitted for the record by interested parties in response to the no­ tice, as prescribed by law, and has deter­ mined that the amended Trade Regu­ lation Rule and the statement of its basis and purpose as set forth herein is in the public interest and should be adopted.

In connection with the sale of tele­ vision receiving sets, in commerce, as “commerce” is defined in the Federal Trade Commission Act, it is an unfair method of competition and an unfair and deceptive act of practice to use any figure or size designation to refer to the size of the picture shown by a television receiving set or the picture tube con­ tained therein unless such indicated size is the actual size of the viewable picture area measured on a single plane basis. If the indicated size is other than the horizontal dimension of the actual view­ able picture area such size designation shall be accompanied by a statement, in close connection and conjunction there­ with, clearly and conspicuously showing the manner of measurement. N ote 1: For the purposes of this P®” * measurement of the picture area on a singj plane basis refers to a measurement of distance between the cutter extremi (sides) of the picture area which does take into account the curvature of the t FEDERAL REGISTER, VOL. 36, NO. 217— WEDNESDAY, NOVEMBER 10, 1971

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RULES AND REGULATIONS 21519 Note 2: Any referenced or footnote dis­ closure of the manner of measurement by means of the asterisk or some similar sym­ bol does not satisfy the “dosé connection and conjunction” requirement of this part. Examples of proper size descriptions when a television receiving set shows a 20-inch picture measured diagonally, a 19-inch picture measured horizontally, a 15-inch picture measured vertically, and a picture area of 262 square inches include:

“20 inch picture measured diagonally” or “ 19 inch x 15 inch picture” or “ 19 inch picture” or “ 19 inch” or “262 square inch picture.” Examples of improper size descriptions of a television set showing a picture of the size described above include: “21 inch set” or “21 inch diagonal set” or “21 inch over-all diagonal—262 square inch picture” or “Brand Name 21.”

(38 Stat. 717, as amended; 15 U.S.C. 41-58) Effective date. This rule, as amended, becomes effective December 10, 1971. Promulgated: November 10, 1971. By the Commission.

[seal] C harles A . T o b in, Secretary.

Statement of B asis and P urpose the primary indication of size rather than linear picture height, another con­ sumer fully supported the rule as fair not only to the consumer but to the retailer m .

Summary and conclusions. The Commission has considered the above arguments and finds that such argu­ ments are not directed to the proposed amendments as such but rather are argu­ ments for revision of the rule proper. Accordingly, the Commission con­ cludes that such objections fall without the scope of this proceeding and that there is no basis for reconsideration or for a reopening of the initial rule since the arguments advanced were considered in the initial rulemaking proceeding. IV.

The effective date of the amend­ ment. The effective date of the amend­ ment will be thirty (30) days after the date of promulgation. The rule, as amended, supercedes the Trade Regu­ lation Rule relating to the deceptive ad­ vertising as to sizes of viewable pictures shown by television receiving sets adopted Februray 24,1966. [PR Doc.71-16161 Piled ll-9-71;8:45 am]