I 

114TH CONGRESS 

2D SESSION H. R. 4445 

To direct the Federal Trade Commission to submit to Congress a report 

on the consumer harm arising from the use, in advertisements and 

other media for the promotion of commercial products and services, 

of images that have been altered to materially change the appearance 

and physical characteristics of the faces and bodies of the individuals 

depicted. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 3, 2016 

Ms. ROS-LEHTINEN (for herself, Mrs. CAPPS, Mr. DEUTCH, Mr. TAKANO, Mr. 

ELLISON, Mr. LEWIS, Ms. KAPTUR, Mr. MCGOVERN, Mr. HASTINGS, Mr. 

CARTWRIGHT, and Mr. GALLEGO) introduced the following bill; which was 

referred to the Committee on Energy and Commerce 

A BILL 

To direct the Federal Trade Commission to submit to Congress a report on the consumer harm arising from the 

use, in advertisements and other media for the promotion 

of commercial products and services, of images that have 

been altered to materially change the appearance and 

physical characteristics of the faces and bodies of the 

individuals depicted. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•HR 4445 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Truth in Advertising 

3 Act of 2016’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) Advertisers regularly alter images used in 

7 print and electronic media to sell products and serv8 ices, materially changing the appearance and phys9 ical characteristics of models’ faces and bodies, in10 cluding by altering the models’ size, proportions, 

11 shape, and skin color and removing signs of ageing. 

12 (2) Such altered images can create distorted 

13 and unrealistic expectations and understandings of 

14 appropriate and healthy weight and body image. 

15 (3) Decades of academic evidence links expo16 sure to such altered images with emotional, mental, 

17 and physical health issues including depression, anx18 iety, and eating disorders, especially among children 

19 and teenagers. 

20 (4) In 2011, the American Medical Association 

21 adopted a policy encouraging advertising associa22 tions to work with public and private sector organi23 zations concerned with child and adolescent health 

24 to develop guidelines for advertisements, especially 

25 those appearing in teen-oriented publications, that 

26 would discourage the altering of photographs in a 


SSpencer on DSK4SPTVN1PROD with BILLS
3 

•HR 4445 IH

1 manner that could promote unrealistic expectations 

2 of appropriate body image. 

3 (5) Despite the shift in modern advertising to 

4 rely primarily on imagery, the Federal Trade Com5 mission continues to focus on linguistic elements of 

6 advertising, even as some advertisers use unfair or 

7 deceptive images to promote their products to con8 sumers. 

9 (6) The Federal Trade Commission has not 

10 made any significant revisions to its policies for 

11 identifying unfair or deceptive visual imagery in ad12 vertisements since at least 1983, well before the dig13 ital revolution in modern advertising. 

14 SEC. 3. REPORT BY FEDERAL TRADE COMMISSION. 

15 (a) IN GENERAL.—Not later than 18 months after 

16 the date of the enactment of this Act, the Federal Trade 

17 Commission shall submit to Congress a report that con18 tains— 

19 (1) an assessment of the prevalence, in adver20 tisements and other media for the promotion of com21 mercial products and services in the United States, 

22 of images that have been altered to materially 

23 change the appearance and physical characteristics 

24 of the faces and bodies of the individuals depicted; 


SSpencer on DSK4SPTVN1PROD with BILLS
4 

•HR 4445 IH

1 (2) an evaluation of the degree to which the use 

2 of such altered images in advertisements and other 

3 media for the promotion of commercial products and 

4 services may constitute an unfair or deceptive act or 

5 practice (within the meaning of section 5(a)(1) of 

6 the Federal Trade Commission Act (15 U.S.C. 

7 45(a)(1))); 

8 (3) clear guidelines for advertisers regarding 

9 how the Commission determines whether the use of 

10 such altered images in advertisements and other 

11 media for the promotion of commercial products and 

12 services constitutes an unfair or deceptive act or 

13 practice; and 

14 (4) recommendations reflecting a consensus of 

15 the stakeholders and experts described in subsection 

16 (b) to reduce the consumer harm arising from the 

17 use of such altered images in advertisements and 

18 other media for the promotion of commercial prod19 ucts and services. 

20 (b) INPUT OF EXTERNAL STAKEHOLDERS AND EX21 PERTS.—In preparing the report required by subsection 

22 (a), the Federal Trade Commission shall solicit input from 

23 external stakeholders and experts on the data and rec24 ommendations required to be included in such report. The 

25 Commission, in consultation with the Director of the NaVerDate Sep 11 2014 06:37 Feb 04, 2016 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4445.IH H4445

SSpencer on DSK4SPTVN1PROD with BILLS
5 

•HR 4445 IH

1 tional Institute of Mental Health and the heads of other 

2 appropriate Federal agencies, shall ensure that input is 

3 obtained from an appropriate number of stakeholders and 

4 experts and, to the extent practicable, from stakeholders 

5 and experts that are geographically and culturally diverse 

6 and that include stakeholders and experts from the phys7 ical and mental health, business, consumer advocacy, and 

8 advertising industry communities. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS