Guides Against Deceptive Advertising of Guarantees; Correction

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BILLING CODE 4910-13-M FEDERAL TRADE COMMISSION 16 CFR Part 239 Guides Against Deceptive Advertising of Guarantees; Correction a g e n c y : Federal Trade Commission. a c t i o n : Correction. s u m m a r y : This document corrects a Commission document previously published in the Federal Register on Wednesday, May 1,1985. Section 2392 of the Final Revision of the Guides published on that date contained examples of sample disclosures in warranty or guarantee advertising that should have been highlighted. Section 239.2 is reprinted here with the sample disclosures highlighted. A few minor typographical corrections are also included.

EFFECTIVE D A TE: The correction is effective May 21* 1985.

FOR FURTHER INFORMATION CO N TACT: Allen Hile, Attorney, Division of Marketing Practices, 6th St. and Pa. Ave. NW„ Washington, D.C. 20580 (202) 523- 1670.

SUPPLEMENTARY INFORMATION: In FR Doc. 85-10448» appearing to the Federal Register issue for Wednesday, May 1, 1985, 50 FR 18462, the following corrections should be made. On page 18462,1st column 9th line to the “s u m m a r y ” , the word “o f should read “o f . On page 18470,1st column, 5th line in § 239.1, the word "or“ should read “of*.

Also on page 18470, 2nd column, § 239.2 should have contained highlighted disclosures in the “Examples". For the sake of clarity, the entire § 239.2 is reprinted below with the proper sections highlighted. § 239.2 Disclosures in Warranty or Guarantee Advertising.

(a) If an advertisement mentions a warranty or guarantee that is offered on the advertised product, the advertisement should disclose, with such clarity and prominence as will be noticed and understood by prospective purchasers, that prior to sale, at the place where the product is sold, prospective purchasers can see the written warranty or guarantee for complete details of the warranty coverage.1 Examples: The following are examples of disclosures sufficient to convey to prospective purchasers that, prior to sale, at the place where the product is sold, they can see the written warranty or guarantee for complete details of the warranty coverage. These examples are for both print and broadcast advertising. These examples are illustrative, not exhaustive. In each example, the portion of the advertisement that mentions the warranty or guarantee is in regular type and the disclosure is in italics. A. “The XYZ washing machine is backed by our limited 1 year warranty. For complete details, see our warranty at a dealer near you.”

B. ‘The XYZ bicycle is warranted for 5 years. Some restrictions may apply. See a copy of our warranty wherever XYZ products are sold. ”

C. “We offer the best guarantee in the business. Read the details and compare wherever our fine products are sold. ” 1 In television advertising, the Commission will regard any disclosure of the pre-saie availability of warranties as complying with this Guide if the advertisement makes the necessary disclosure simultaneously with or immediately following the warranty claim and the disclosure is made in the audio portion, or, if in the video portion, it remains on the screen for at least five seconds. i

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20900 Federal Register / Vol. 50, No. 98 / Tuesday, M ay 21, 1985 / Rules and Regulations D. “See our fu ll 2 year warranty at the store nearest you."

E. “Don’t take our word—take our warranty. See our lim ited 2 year warranty where you shop. "

(b) If an advertisement in any catalogue, or in any other solicitation 2 for mail order sales or for telephone order sales mentions a warranty or guarantee that is offered on the advertised product, the advertisement should disclose, with such clarity and prominence as will be noticed and understood by prospective purchasers, that prospective purchasers can obtain complete details of the written warranty or guarantee free from the seller upon specific written request or from the catalogue or other solicitation (whichever is applicable). Exam ples: The following are examples of disclosures sufficient to convey to consumers how they can obtain complete details of the written warranty or guarantee prior to placing a mail or telephone order. These examples are illustrative, not exhaustive. In each example, the portion of the advertisement that mentions the warranty or guarantee is in regular typeface and the disclosure is in italics. A. “ABC quality cutlery is backed by our 10 year warranty. Write to us for a free copy at: (address). ”

B. “ABC power tools are guaranteed. R ead about our lim ited 90 day warranty in' this catalogue. ”

C. “Write to us for a free copy o f our full warranty. You’ll be impressed how we stand behind our product.”

Benjamin I. Berman, Acting Secretary.

[FR Doc. 85-12154 Filed 5-20-85; 8:45 am]