[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: 16CFR410.1]

[Page 415]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 410_DECEPTIVE ADVERTISING AS TO SIZES OF VIEWABLE PICTURES SHOWN 
BY TELEVISION RECEIVING SETS--Table of Contents
 
Sec. 410.1  The Rule.





    In connection with the sale of television receiving sets, in 
commerce, as ``commerce'' is defined in the Federal Trade Commission 
Act, it is an unfair method of competition and an unfair and deceptive 
act or practice to use any figure or size designation to refer to the 
size of the picture shown by a television receiving set or the picture 
tube contained therein unless such indicated size is the actual size of 
the viewable picture area measured on a single plane basis. If the 
indicated size is other than the horizontal dimension of the actual 
viewable picture area such size designation shall be accompanied by a 
statement, in close connection and conjunction therewith, clearly and 
conspicuously showing the manner of measurement.

    Note 1: For the purposes of this part, measurement of the picture 
area on a single plane basis refers to a measurement of the distance 
between the outer extremities (sides) of the picture area which does not 
take into account the curvature of the tube.
    Note 2: Any referenced or footnote disclosure of the manner of 
measurement by means of the asterisk or some similar symbol does not 
satisfy the ``close connection and conjunction'' requirement of this 
part.


Examples of proper size descriptions when a television receiving set 
shows a 20-inch picture measured diagonally, a 19-inch picture measured 
horizontally, a 15-inch picture measured vertically, and a picture area 
of 262 square inches include:

``20 inch (50.80 cm) picture measured diagonally'' or
``20 inch (50.80 cm) diagonal''
``19 inch x 15 inch (48.26 cm x 38.10 cm) picture'' or
``19 inch (48.26 cm) picture'' or
``19 inch (48.26 cm)'' or
``262 square inch (1,690.32 cm. sq.) picture.''


Examples of improper size descriptions of a television set showing a 
picture of the size described above include:

``21 inch (53.34 cm) set'' or
``21 inch (53.34 cm) diagonal set'' or
``21 inch (53.34 cm) over-all diagonal'' or
    ``Brand Name 21.''

    Note 3: The numbers in parentheses reflect the metric equivalent of 
the English measurements. They are provided for information purposes 
only, and are not required to be included in the disclosures.

(38 Stat. 717, as amended, 15 U.S.C. 41-58)

[36 FR 21518, Nov. 10, 1971; 36 FR 22286, Nov. 24, 1971; as amended at 
59 FR 54812, Nov. 2, 1994]