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LETTER CIRCULAR 1 128: NIST POLICY ON USE OF ITS NAME IN ADVERTISING

U.S. DEPARTMENT OF COMMERCE

Technology Administration

National Institute of Standards & Technology (NIST)

Revised July 1995

INTRODUCTION

The name of the National Institute of Standards & Technology (NIST) is sometimes used in advertising

by commercial firms in a manner contrary to Government regulations and inconsistent with NIST

policy. This brochure cites these regulations, delineates NIST policy, and provides guidance on

compliance in typical situations.

FEDERAL REGULATIONS AND NIST POLICY

The official policy of NIST regarding the use of its name in advertising can be found in Section 200.1 13

of Title 15 of the Code of Federal Regulations:

"As the national standards laboratory of the United States, NIST maintains and establishes the primary

standards from which measurements in science and industry ultimately derive. It is therefore sometimes

desirable for manufacturers or users of measurement standards to make appropriate reference to the

relationship of their calibrations to NIST calibrations. The following considerations must be borne in

mind, and shall be understood as constituting an agreement on the part of the NIST customer to be

bound thereby in making reference to NIST calibration and test reports.

"The results of calibrations and tests performed by NIST are intended solely for the use of the

organization requesting them, and apply only to a particular device or specimen at the time of its test. The results shall not be used to indicate or imply that they are applicable to other similar items. In addition, such results must not be used to indicate or imply that NIST approves, recommends, or endorses the manufacturer, the supplier, or the user of such devices or specimens, or that NIST in any

way 'guarantees' the later performance of items after calibration or test.

"NIST declares it to be in the national interest that NIST maintain an impartial position with respect to any commercial product. Advertising the findings on a single instrument could be misinterpreted as an

indication of performance of other instruments of identical or similar type. There will be no objection,

however, to a statement that the manufacturer's primary standards have been periodically calibrated by

NIST, if this is actually the case, or that the customer might arrange to have NIST calibrate the item

purchased from the manufacturer.

"NIST does not approve, recommend, or endorse any product or proprietary material. No reference shall

be made to NIST or to reports or results furnished by NIST in any advertising or sales promotion which

would indicate or imply that NIST approves, recommends, or endorses any product or proprietary

material, or which has as its purpose an intent to cause directly or indirectly the advertised product to be

used or purchased because of NIST test reports or results.

"In its own activities as a scientific institution, NIST uses many different materials, products, types of

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equipment, and services. This use does not imply that NIST has given them a preferential position or a formal endorsement. Therefore, NIST discourages references, either in advertising or in the scientific

literature, which identify it as a user of any proprietary product, material, or service. Occasionally

effective communication of results by NIST to the scientific community requires that a proprietary

instrument, product, or material be identified in an NIST publication. Reference in an NIST publication,

report, or other document to a proprietary item does not constitute endorsement or approval of that item

and such reference should not be used in any way apart from the context of the NIST publication, report, or document without the advance express written consent of NIST."

The policy on the use of the NIST name has been expanded to include NIST-traceable reference

materials and NIST-developed software/algorithms. Accordingly, NIST, in cooperation with commercial

firms, may produce and characterize reference materials which are directly traceable to NIST and are, therefore, labeled "NIST traceable reference materials." Further, commercial firms may produce

computer software which incorporates NIST-developed algorithms. The producer shall be allowed to

cite NIST as the source of those specific portions of the product by the inclusion of the phrase,

"Incorporates NIST- developed software/algorithm." These citations do not mean, and should not be

implied to mean, evaluation, endorsement, or certification of commercial firms' products and services.

ADDITIONAL INFORMATION

In order to clarify NIST policy further, five typical examples of advertising are given, showing activities

which are prohibited and which are acceptable.

EXAMPLE 1

The XYZ Instrument Company reads a NIST technical paper in the open literature describing the design

of a new type of instrument developed as part of a NIST research project. XYZ likes the design and

decides to manufacture and sell an instrument based on this design, which they refer to as an "XYZ/NIST Instrument" both in their advertising and on the front panel of the instruments.

COMMENTARY: While NIST encourages commercial firms to utilize the results of NIST research to the greatest extent possible, the use of NIST's name in association with a proprietary product in that

manner is prohibited! Even if the advertising copy and product literature were to make clear NIST's lack

of involvement in the commercial venture, the possible implication that NIST is involved with this

particular product is contrary to the policy stated above that NIST maintain an impartial position with

respect to commercial products and also causes concern on the part of the manufacturers of competing

instruments.

RECOMMENDATION: In this case, the manufacturer should have limited mention of NIST to stating

that XYZ's design of the instrument is based on technical information published by NIST (and reference

the appropriate technical paper) or based on a NIST design.

EXAMPLE 2

A manufacturer labels a product it manufactures as "NIST traceable" or prominently displays this phase

in its advertising.

COMMENTARY: Many Federal regulations and contracts require regulated organizations or contractees to demonstrate that the measurements that they make are "traceable" to national standards.

NIST encourages this practice but at the same time cannot condone the prominent display of its name on

proprietary products or in the advertising of them. This particular use of NIST's name clearly implies

NIST's endorsement contrary to our policy as stated above.

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RECOMMENDATION: The manufacturer in this case could have described in some detail how their

product is calibrated. This could include a discussion of how their laboratory standards are related to national standards through direct calibration by NIST or indirectly through an intermediate calibration

laboratory. As long as this description is factual and the NIST name is not prominently displayed, NIST

would encourage such practice.

EXAMPLE 3

An organization claims by virtue of NIST calibration or test reports, that NIST "certifies" its standards.

COMMENTARY: NIST does not "certify" customer standards or products, since the word "certify"

carries a connotation of a warranty or guarantee. Obviously, NIST cannot warrant or guarantee the

quality or reliability of standards or products calibrated by NIST once they leave NIST following

calibration. Even high quality standards do drift with time, and NIST test reports make clear that the

value assigned to a calibrated standard is only valid in a rigorous sense at the time that the calibration

was performed at NIST.

RECOMMENDATION: Organizations should limit the use of NIST's name to factual statements such

as "Our standard cells are submitted to NIST for recalibration at intervals of approximately two years."

EXAMPLE 4

An organization produces a reference material in cooperation with NIST, samples the material,

determines uniformity and characteristics, provides samples to NIST for final characterization, and then

sells the remainder of the lot as NIST TRACEABLE REFERENCE MATERIALS.

COMMENTARY: These materials have been measured by the manufacturer and by NIST for

uniformity and characteristics. A well documented sampling process and measurement chain exists.

NIST favors the use of such materials and may authorize the use of the term NIST TRACEABLE

REFERENCE MATERIALS.

RECOMMENDATION: Use of the term NIST TRACEABLE REFERENCE MATERIALS is restricted

to reference materials that have been manufactured offsite, rigorously sampled, and then characterized

by NIST.

The term "NIST Traceable Reference Material" is permissible only for reference materials which are (1)

manufactured and characterized by a commercial company, then (2) rigorously sampled, and (3) then

finally characterized by NIST using the samples from the original lot.

EXAMPLE 5

A software manufacturer labels a product as NIST-approved by virtue of incorporating NIST-developed

software or algorithms in the program.

COMMENTARY: NIST encourages industry use of NIST-developed software or algorithms in

commercial software and the acknowledgement by industry of such use. However, NIST should not be

represented as certifying or endorsing commercial software because NIST has no control over how the

software or algorithms were incorporated and used.

RECOMMENDATION: The manufacturer can cite the incorporation of NIST-developed software or

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algorithms without implying that NIST has evaluated, endorsed, or certified the commercial software

product.

FOR ADDITIONAL INFORMATION, CONTACT:

Office of NIST Deputy Chief Counsel

NIST

Gaithersburg, MD 20899-0001

Phone: (301) 975-2803

Fax: (301) 926-6241

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U. S. DEPARTMENT OP COiiERCE

WASHINGTON - •OULOEB

ADMINISTRATIVE SUUJffM

Expiration Date: December 31, 1981

81-43 Public

Information

September 28, 1981

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D latrlbution

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Use of the NBS Name in Advertising

NBS employees receive numerous inquiries from the public concerning use

of the NBS name in advertising as a result of calibrations and tests

performed by NBS. To address this issue, the attached circular has been

prepared by the Office of Measurement Services to outline Bureau policy

on this matter. A copy of this circular must be attached to any

correspondence relating to advertising using the NBS name.

Bureau employees who notice advertising which appears to misuse the NBS

name should bring this to the attention of Dr. Lee J. Kieffer, Office of

Measurement Services, extension 2805. Requests for additional copies of

the circular should be directed to that office. Questions about the

circular should be directed to the Office of Measurement Services

or to the Office of the Legal Adviser, extension 2425.

Attachment , L C_ ^

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