[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR14.9]

[Page 126-127]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 14_ADMINISTRATIVE INTERPRETATIONS, GENERAL POLICY STATEMENTS, 
AND ENFORCEMENT POLICY STATEMENTS--Table of Contents
 
Sec. 14.9  Requirements concerning clear and conspicuous disclosures 
in foreign language advertising and sales materials.




Sec.
14.9 Requirements concerning clear and conspicuous disclosures in 
          foreign language advertising and sales materials.
14.12 Use of secret coding in marketing research.
14.15 In regard to comparative advertising.
14.16 Interpretation of Truth-in-Lending Orders consistent with 
          amendments to the Truth-in-Lending Act and Regulation Z.

    Authority: 15 U.S.C. 41-58.


    The Federal Trade Commission has noted that, with increasing 
intensity, advertisers are making special efforts to reach foreign 
language-speaking consumers. As part of this special effort, 
advertisements, brochures and sales documents are being printed in 
foreign languages. In recent years the Commission has issued various 
cease-and-desist orders as well as rules, guides and other statements, 
which require affirmative disclosures in connection with certain kinds 
of representations and business activities. Generally, these disclosures 
are required to be ``clear and conspicuous.'' Because questions have 
arisen as to the meaning and application of the phrase ``clear and 
conspicuous'' with respect to foreign language advertisements and sales 
materials, the Commission deems it appropriate to set forth the 
following enforcement policy statement:
    (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

[[Page 127]]

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.

(Sec. 5, 38 Stat. 719, as amended; 15 U.S.C. 45)

[38 FR 21494, Aug. 9, 1973, as amended at 63 FR 34808, June 26, 1998]