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For further information call: 

David H. Buswell 

Office of Public Information 

(202) 962-7144 

' FOR RELEASE After 8:30 A.M., Wednes'day, October 21, 1970 

I 

COMMISSION ENFORCEMENT POLICY STATEMENT IN REGARD TO CLEAR AND 

CONSPICUOUS DIScLOSURE IN TELEVISION ADVERTISING . \ ~ . . . 

Commission in recent years has issued various opinions, orders and . I ~ \ 

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trade 

regulation rules that are concerned with the need for ·affirmative disclosures in 

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conpection with ce~tain kinds of rep~esentations. These disclosures have been req_ui:ced, 

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in general terms, to be "clear and C:!onspicuous". Because quest~ons have bee~ raised 

as to the specific meaning of the term "clear and conspicuous", the Commissio.t deems 

it appt"opriat_e to ifet forth the standards it considers in determinir.g wheth.::~, in fact, 

an affirmative didclosure in a television commercial is "clear and conspicuous''. 

I. In making this determination, the Commission will take into ..:.vnsicie'::'aU(,r: al::.. 

the technical factors (size of letters, duration of disclosure, etc.) used in esen~· · 

ing the disclosure to a television audience as well as the substance ::>f ;:he individual 

disclosure. Specifically, the Commission believes that each of the following &pecific 

.atandards shoulq be met for a television disclosure to be deemed clear and c::>rspicuous: 

II 

A •. The .disclosure should b~ presented simultaneously in both the audio anc video' 

• portions of the television advertisement. 

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B. The video portion of the disclosure muse contain letters o£ suffic~ent ~~ze 

so that i.t. can be easily seen and read on all television sets~ regardless o;. 

picture ~ube size, that are commercially available for the conscming publi~. 

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C. The video portion of . ....th&-di"S"floa .~re should · contain letters of a color or 

shade that reaQily contrast with the backgroundo The backgrour.d should consist 

of only one color or·shada. 

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, 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-

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ing is impractic~l, then th~\~dverbisements containing such representation~ 

not))e. used on television.,\: . .". · . 

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