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

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’ FOR RELEASE Afrer 8:30 A.M., Wednesday, October 21, 1970 oi

standards should be met for a television disclosure to be deemed clear and corspicvous:

% B. The video portion of the disclosure must contain letters of sufficient cize

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COMMISSION ENFORCEMENT POLICY STATEMENT IN REGARD TO CLEAR AND mS oi CONSPICUOUS DISCLOSURE IN TELEVISION ADVERTISING , , da

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the Commission in recent years has issued various opinions, orders and trade regulation rules that are concerned with the need for affirmative disclosures in connection with certain kinds of repjnaentattone These disclosures have been required, dn general terms, to be "elear and conspicuous" - Because questions have been raised as to the specific meaning of the —s ‘clear and conspicuous”, the Commissioa deems | it appropriate to set forth the standards it considera in determining whether, in fact,

an affirmative ai closure in a television commercial is "clear and conspicuous”.

I. In making this determination, the Commission will take into consideration all

. the technical factors (size of letters, duration of disclosure, etc.) used in presenting the disclosure to a television audience as well as the substance of che individual 1

disclosure. Specifically, the Commission believes that each of the following specific ‘

a : ' A. The disclosure should be presented simultaneously in both the audio anc video’ | |

portions of the television advertisement.

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so that ic can be easily seen and read on all television sets, regardless of

picture tube size, that are commercially available for the consuming public. i enti * ts

C. The video portion of tha-disélosure should contaia letters of a color or

shade that readily contrast with the backgrounds The background should consist

of only one color oprenade-

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- 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 undertoad 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 thattand '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.,\: . .".

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