[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR239.2]

[Page 161-162]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 239_GUIDES FOR THE ADVERTISING OF WARRANTIES AND GUARANTEES--Table 
of Contents
 
Sec. 239.2  Disclosures in warranty or guarantee advertising.

    (a) If an advertisement mentions a warranty or guarantee that is 
offered on the advertised product, the advertisement should disclose, 
with such clarity and prominence as will be noticed and understood by 
prospective purchasers, that prior to sale, at the place where the 
product is sold, prospective purchasers can see the written warranty or 
guarantee for complete details of the warranty coverage. \1\
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    \1\ In television advertising, the Commission will regard any 
disclosure of the pre-sale availability of warranties as complying with 
this Guide if the advertisement makes the necessary disclosure 
simultaneously with or immediately following the warranty claim and the 
disclosure is made in the audio portion, or, if in the video portion, it 
remains on the screen for at least five seconds.

    Examples: The following are examples of disclosures sufficient to 
convey to prospective purchasers that, prior to sale, at the place where 
the product is sold, they can see the written warranty or guarantee for 
complete details of the warranty coverage. These examples are for both 
print and broadcast advertising. These examples are illustrative, not 
exhaustive. In each example, the portion of the advertisement that 
mentions the warranty or guarantee is in regular type and the disclosure 
is in italics.
    A. ``The XYZ washing machine is backed by our limited 1 year 
warranty. For complete details, see our warranty at a dealer near you.''
    B. ``The XYZ bicycle is warranted for 5 years. Some restrictions may 
apply. See a copy of our warranty wherever XYZ products are sold.''
    C. ``We offer the best guarantee in the business. Read the details 
and compare wherever our fine products are sold.''
    D. ``See our full 2 year warranty at the store nearest you.''
    E. ``Don't take our word--take our warranty. See our limited 2 year 
warranty where you shop.''

    (b) If an advertisement in any catalogue, or in any other 
solicitation \2\ for mail order sales or for telephone order sales 
mentions a warranty or guarantee that is offered on the advertised 
product, the advertisement should disclose, with such clarity and 
prominence as will be noticed and understood by prospective purchasers, 
that prospective purchasers can obtain complete details of the written 
warranty or guarantee free from the seller upon specific written request 
or from the catalogue or other solicitation (whichever is applicable).
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    \2\ See note 1.

    Examples: The following are examples of disclosures sufficient to 
convey to consumers how they can obtain complete details of the

[[Page 162]]

written warranty or guarantee prior to placing a mail or telephone 
order. These examples are illustrative, not exhaustive. In each example, 
the portion of the advertisement that mentions the warranty or guarantee 
is in regular typeface and the disclosure is in italics.
    A. ``ABC quality cutlery is backed by our 10 year warranty. Write to 
us for a free copy at: (address).''
    B. ``ABC power tools are guaranteed. Read about our limited 90 day 
warranty in this catalogue.''
    C. ``Write to us for a free copy of our full warranty. You'll be 
impressed how we stand behind our product.''

[50 FR 20899, May 21, 1985]