[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: 16CFR432.4]

[Page 428-429]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 432_POWER OUTPUT CLAIMS FOR AMPLIFIERS UTILIZED IN HOME 
ENTERTAINMENT PRODUCTS--Table of Contents
 
Sec. 432.4  Optional disclosures.

    Other operating characteristics and technical specifications not 
required in Sec. 432.2 of this part may be disclosed: Provided:
    (a) That any other power output is rated by the manufacturer, is 
expressed in minimum watts per channel, and such power output 
representation(s) complies with the provisions of Sec. 432.2 of this 
part; except that if a peak or other instantaneous power rating, such as 
music power or peak power, is represented under this section, the 
maximum percentage of total harmonic distortion (see Sec. 432.2(d) of 
this part) may be disclosed only at such rated output: And provided 
further,
    (b) That all disclosures or representations made under this section 
are less conspicuously, and prominently made than the disclosures 
required in Sec. 432.2 of this part; and
    (c) The rating and testing methods or standards used in determining 
such representations are disclosed, and well known and generally 
recognized by the industry at the time the representations or 
disclosures are made, are neither intended nor likely to deceive or 
confuse the consumers and are not otherwise likely to frustrate the 
purpose of this part.

    Note 1: For the purpose of paragraph (b) of this section, optional 
disclosures will not be considered less prominent if they are either

[[Page 429]]

bold faced or are more than two-thirds the height of the disclosures 
required by Sec. 432.2.
    Note 2: Use of the asterisk in effecting any of the disclosures 
required by Sec. 432.2 and permitted by Sec. 432.4 shall not be deemed 
conspicuous disclosure.

[39 FR 15387, May 3, 1974; 39 FR 17838, May 21, 1974]