[Federal Register Volume 63, Number 123 (Friday, June 26, 1998)]
[Rules and Regulations]
[Pages 34807-34808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16953]
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FEDERAL TRADE COMMISSION
16 CFR Part 14
Amended Enforcement Policy Statement Concerning Clear and
Conspicuous Disclosure in Foreign Language Advertising and Sales
Materials
AGENCY: Federal Trade Commission.
ACTION: Final rule; Statement of policy.
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SUMMARY: The Commission has determined that it would be appropriate to
amend its Enforcement Policy Statement regarding clear and conspicuous
disclosures in foreign language advertising and sales materials. The
amended policy statement is intended to clarify the 1973 Enforcement
Policy Statement.
EFFECTIVE DATE: June 26, 1998.
FOR FURTHER INFORMATION CONTACT:
Linda K. Badger or Matthew D. Gold, San Francisco Regional Office,
Federal Trade Commission, 901 Market Street, Suite 570, San Francisco,
CA 94103, (415) 356-5270.
SUPPLEMENTARY INFORMATION: The Federal Trade Commission
(``Commission'') has noted that some advertisements appearing in
foreign language publications feature advertising copy in both English
and a foreign language, but include the required disclosure only in
English. Because the target audience for these ads is non-English
speaking, the Commission believes that the required disclosure should
be provided in the language of the target audience, rather than
English. This policy statement clarifies the Commission's policy under
these circumstances.
The Commission, on two occasions, has addressed the issue of
disclosures in foreign language advertising. On August 9, 1973, the
Commission issued an Enforcement Policy Statement dealing with
disclosures in foreign language advertising. That policy statement,
which is codified at 16 CFR 14.9, reads in pertinent part: ``(a) Where
cease-and-desist orders as well as rules, guides and other statements
require `clear and conspicuous' disclosure of certain information, that
disclosure must be in the same language as that principally used in the
advertisements and sales materials involved.\1\ Staff has been informed
that some companies have interpreted the 1973 Enforcement Policy
Statement to mean that a disclosure must be in English, regardless of
the target audience of the advertisement, if the number of English
words in an advertisement exceeds the number of foreign language words.
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\1\ 38 FR 21494 (Aug. 9, 1973).
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On November 4, 1986, the Commission issued its Regulations Under
the Comprehensive Smokeless Tobacco Health Education Act of 1986.\2\
Those regulations address, inter alia, the language in which the
Surgeon General's health warning must appear in advertisements for
smokeless tobacco products. The smokless tobacco regulations require
that:
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\2\ 16 CFR 307 (1997).
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In the case of an advertisement for a smokeless tobacco product in
a newspaper, magazine, periodical, or other publication that is not in
English, the warning statement shall appear in the predominant language
of the publication in which the advertisement appears. In the case of
any other advertisement, the warning statement shall appear in the same
language as that principally used in the advertisement.\3\
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\3\ 16 CFR 307.5
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[[Page 34808]]
While the policy statement focuses on the principal language of the
advertisement, the smokeless tobacco regulation looks to the
predominant language of the publication in determining the language in
which the Surgeon General's health warning must appear.
The Commission believes that, for advertisements in publications,
the smokeless tobacco language is better calculated to ensure
compliance with the original intent of the 1973 Enforcement Policy
Statement--that disclosures be communicated effectively to the
advertisement's target audience.
By amending the policy statement as proposed, the Commission would
not be creating a new regulation. The policy statement amendment merely
would clarify the original intent of the 1973 Enforcement Policy
Statement--that all American consumers, regardless of the language they
speak, have access to important information regarding the products they
purchase.
List of Subjects in 16 CFR Part 14
Trade practices.
Accordingly, for the reasons set forth in the preamble, the
Commission hereby amends Title 16, Part 14 of the Code of Federal
Regulations as follows:
PART 14--ADMINISTRATIVE INTERPRETATIONS, GENERAL POLICY STATEMENTS,
AND ENFORCEMENT POLICY STATEMENTS
1. The authority citation for part 14 continues to read as follows:
Authority: 15 U.S.C. 41-58
2. Section 14.9 is amended by revising paragraphs (a) and (b) to
read as follows:
Sec. 14.9 Requirements concerning clear and conspicuous disclosures in
foreign language advertising and sales materials.
* * * * *
(a) Where cease-and-desist orders as well as rules, guides and
other statements require ``clear and conspicuous'' disclosure of
certain information in an advertisement or sales material in a
newspaper, magazine, periodical, or other publication that is not in
English, the disclosure shall appear in the predominant language of the
publication in which the advertisement or sales material appears. In
the case of any other advertisement or sales material, the disclosure
shall appear in the language of the target audience (ordinarily the
language principally used in the advertisement or sales material).
(b) Any respondent who fails to comply with this requirement may be
the subject of a civil penalty or other law enforcement proceeding for
violating the terms of a Commission cease-and-desist order or rule.
By direction of the Commission
Donald S. Clark,
Secretary.
[FR Doc. 98-16953 Filed 6-25-98; 8:45 am]
BILLING CODE 6750-01-M