Consumer Law Library

Guides For The Advertising Of Warranties And Guarantees

16 CFR Part 239 · Guides · in the Code of Federal Regulations 1986-1995 (10 annual editions)

Scanned CFR pages, OCR text may contain errors; the linked Library of Congress PDF is the authority. Not legal advice; not affiliated with the FTC. These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.

Latest edition: Library of Congress, 1995 CFR · Earliest edition: 1986 CFR

Text (1995 edition, OCR)

§ 238.4

ing salesmen, designed to prevent or
discourage them from selling the ad-
vertised product. (Guide 3]

$238.4 Switch after sale.

No practice should be pursued by an
advertiser, in the event of sale of the
advertised product, of ‘‘unselling”’ with
the intent and purpose of selling other
merchandise in its stead. Among acts
or practices which wil] be considered in
determining if the initial sale was in
good faith, and not a strategem to sell
other merchandise, are:

(a) Accepting a deposit for the adver-
tised product, then switching the pur-
chaser to a higher-priced product,

(b) Failure to make delivery of the
advertised product within a reasonable
time or to make a refund,

(c) Disparagement by acts or words of
the advertised product, or the dispar-
agement of the guarantee, credit
terms, availability of service, repairs,
or in any other respect, in connection
with it,

(d) The delivery of the advertised
product which is defective, unusable or
impractical for the purpose represented
or implied in the advertisement. [Guide
4)

NOTE: Sales of advertised merchandise. Sales
of the advertised merchandise do not pre-
clude the existence of a bait and switch
scheme. It has been determined that, on oc-
casions, this is a mere incidental byproduct
of the fundamental plan and is intended to
provide an aura of legitimacy to the overall
operation.

PART 239—GUIDES FOR THE AD-
VERTISING OF WARRANTIES AND
GUARANTEES

Sec.

239.1 Purpose and scope of the guides.

239.2 Disclosures in warranty or guarantee
advertising.

239.3 “Satisfaction Guarantees” and similar
representations in advertising; disclosure
in advertising that mentions ‘satisfac-
tion guarantees” or similar representa-
tions.

239.4 “Lifetime”
tions.

239.5 Performance of warranties or guaran-

* tees.

AUTHORITY: Secs. 5, 6, 38 Stat. 719 as
amended, 721; 15 U.S.C. 45, 46.

and similar representa-

32

16 CFR Ch. I (1-1-95 Edition)

SouRcE: 50 FR 18470, May 1, 1985, unless
otherwise noted.

§239.1 Purpose and scope of the
guides.

The Guides for the Advertising of
Warranties and Guarantees are in-
tended to help advertisers avoid unfair
or deceptive practices in the advertis-
ing of warranties or guarantees. The
Guides are based upon Commission
cases, and reflect changes in cir-
cumstances brought about by the Mag-
nuson-Moss Warranty Act (15 U.S.C.
2301 et seg.) and the FTC Rules promul-
gated pursuant to the Act (16 CFR
Parts 701 and 702). The Guides do not
purport to anticipate all possible un-
fair or deceptive acts or practices in
the advertising of warranties or guar-
antees and the Guides should not be in-
terpreted to limit the Commission’s
authority to proceed against such acts
or practices under section 5 of the Fed-
eral Trade Commission Act. The Com-
mission may bring an action under sec-
tion 5 against any advertiser who mis-
represents the product or service of-
fered, who misrepresents the terms or
conditions of the warranty offered, or
who employs other deceptive or unfair
means.

Section 239.2 of the Guides applies
only to advertisements for written
warranties on consumer products, as
“written warranty” and ‘consumer
product”’ are defined in the Magnuson-
Moss Warranty Act, 15 U.S.C. 2301, that
are covered by the Rule on Pre-Sale
Availability or Written Warranty
Terms, 16 CFR Part 702. The other sec-
tions of the Guides apply to the adver-
tising of any warranty or guarantee. :

(50 FR 18470, May 1, 1985; 50 FR 20899, May 21,
1985]

§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 adver-
tisement should disclose, with such
clarity and prominence as will be no-
ticed and understood by prospective
purchasers, that prior to sale, at the
place where the product is sold, pro-
spective purchasers can see the written


Federal Trade Commission

warranty or guarantee for complete de-
tails of the warranty coverage.!

Examples: The following are examples of
disclosures sufficient to convey to prospec-
tive purchasers that, prior to sale, at the
place where the product 1s sold, they can see
the written warranty or guarantee for com-
plete 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 war-
ranty 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 busi-
ness. Read the details and compare wherever
our fine products are sold.”’

D. ‘See our full 2 year warranty ai the store
nearest you.’”

E. “Don’t take our word—take our war-
ranty. See our limited 2 year warranty where
you shop.”

(b) If an advertisement in any cata-
logue, or in any other solicitation? for
mail order sales or for telephone order
sales mentions a warranty or guaran-
tee that is offered on the advertised
product, the advertisement should dis-
close, with such clarity and promi-
nence as will be noticed and understood
by prospective purchasers, that pro-
spective purchasers can obtain com-
plete details of the written warranty or
guarantee free from the seller upon
specific written request or from the
catalogue or other solicitation (which-
ever is applicable).

Eramples: 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 plac-
ing a mail or telephone order. These exam-
ples are illustrative, not exhaustive. In each
example, the portion of the advertisement

‘In television advertising, the Commission
will regard any disclosure of the pre-sale
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 por-
tion, or, if in the video portion, it remains on
the screen for at least five seconds.

2 See note 1.

33

§ 239.4

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. Read
about our limited 90 day warranty in this cata-
logue.”

C. “Write to us for a free copy of our full war-
ranty. You'll be impressed how we stand be-
hind our product.”

[50 FR 20899, May 21, 1985)

$239.3 “Satisfaction Guarantees” and
similar representations in advertis-
ing; disclosure in advertising that
mentions “satisfaction guarantees”
or similar representations.

(a) A seller or manufacturer should
use the terms “Satisfaction Guaran-
tee,’ ‘‘Money Back Guarantee,”’ ‘“‘Free
Trial Offer,’’ or similar representations
in advertising only if the seller or man-
ufacturer, as the case may be, refunds
the full purchase price of the adver-
tised product at the purchaser’s re-
quest.

(b) An advertisement that mentions a
“Satisfaction Guarantee”’ or a similar
representation should disclose, with
such clarity and prominence as will be
noticed and understood by prospective
purchasers, any material limitations or
conditions that apply to the “‘Satisfac-
tion Guarantee”’ or similar representa-
tion.

Ezamples: These examples are for both
print and broadcast advertising. These exam-
ples are illustrative, not exhaustive.

Example A: (In an advertisement mention-
ing a satisfaction guarantee that is condi-
tioned upon return of the unused portion
within 30 days) ‘‘We guarantee your satisfac-
tion. If not completely satisfied with Acme
Spot Remover, return the unused portion
within 30 days for a full refund.”

Ezample B: (In an advertisement mention-
ing a money back guarantee that is condi-
tioned upon return of the product in its
original packaging) ‘‘Money Back Guaran-
tee! Just return the ABC watch in its origi-
nal package and ABC will fully refund your
money.”

§239.4 “Lifetime”
resentations.

If an advertisement uses ‘‘lifetime,’’

“life,” or similar representations to de-

scribe the duration of a warranty or

guarantee, then the advertisement

should disclose, with such clarity and

and similar rep-


§239.5

prominence as will be noticed and un-
derstood by prospective purchasers, the
life to which the representation refers.

Examples: These examples are for both
print and broadcast advertising. These exam-
ples are illustrative, not exhaustive.

Ezample A: (In an advertisement mention-
ing a lifetime guarantee on an automobile
muffler where the duration of the guarantee
is measured by the life of the car in which it
is installed) ‘‘Our lifetime guarantee on the
Whisper Muffler protects you for as long as
your car runs—even if you sell it, trade it, or
give it away!”

Example B: (In an advertisement mention-
ing a lifetime guarantee on a battery where
the duration of the warranty is for as long as
the original purchaser owns the car in which
it was installed) “Our battery is backed by
our lifetime guarantee. Good for as long as
you own the car!’’

§239.5 Performance of warranties or
guarantees.
A seller or manufacturer should ad-
vertise that a product is warranted or
guaranteed only if the seller or manu-
facturer, as the case may be, promptly
and fully performs its obligations
under the warranty or guarantee.

PART 240—GUIDES FOR ADVERTIS-
ING ALLOWANCES AND OTHER
MERCHANDISING PAYMENTS
AND SERVICES

Sec.
240.1
240.2
240.3
240.4

Purpose of the Guides.

Applicability of the law.

Definition of seller.

Definition of customer.

Definition of competing customers.

Interstate commerce.

Services or facilities.

Need for a plan.

Proportionally equal terms.

240. 10 Availability to all competing cus-
tomers.

240.11 Wholesaler or third party perform-
ance of seller’s obligations.

240.12 Checking cusomter’s use of pay-
ments.

240.13 Customer’s and third party liability.

240.14 Meeting competition.

240.15 Cost justification. |

AUTHORITY: Secs. 5, 6, 38 Stat. 719, as
amended, 721; 15 U.S.C. 45, 46; 49 Stat. 1526; 15
U.S.C. 13, as amended.

‘SOURCE: 55 FR 33663, Aug. 17, 1990, unless
otherwise noted.

16 CFR Ch. | (1-1-95 Edition)

§240.1 Purpose of the Guides.

The purpose of these Guides is to pro-
vide assistance to businesses seeking to
comply with sections 2 (d) and (e) of
the Robinson-Patman Act (the ‘‘Act’’).
The guides are based on the language
of the statute, the legislative history,
administrative and court decisions, and
the purposes of the Act. Although the
Guides are consistent with the case
law, the Commission has sought to pro-
vide guidance in some areas where no
definitive guidance is provided by the
case law. The Guides are what their
name implies—guidelines for compli-
ance with the law. They do not have
the force of law.

§240.2 Applicability of the law.

(a) The substantive provisions of sec-
tion 2 (d) and (e) apply only under cer-
tain circumstances. Section 2(d) ap-
plies only to:

(1) A seller of products

(2) Engaged in interstate commerce

(3) That either directly or through an
intermediary

(4) Pays a customer for promotional
services or facilities provided by the
customer

(5) In connection with the resale (not
the initial sale between the seller and
the customer) of the seller’s products

(6) Where the customer is in competi-
tion with one or more of the seller’s
other customers also engaged in the re-
sale of the seller’s products of like
grade and quality.

(b) Section 2(e) applies only to:

(1) A seller of products

(2) Engaged in interstate commerce

(3) That either directly or through an
intermediary

(4) Furnishes promotional services or
facilities to a customer ;

(5) In connection with the resale (not
the initial sale between the seller and
the customer) of the seller’s products

(6) Where the customer is in competi-

’ tion with one or more of the seller’s

34

other customers also engaged in the re-
sale of the seller’s products of like
grade and quality.

(c) Additionally, section 5 of the FTC
Act may apply to buyers of products
for resale or to third parties. See
§ 240.13 of these Guides.