[Federal Register: June 26, 1998 (Volume 63, Number 123)] [Rules and Regulations] [Page 34807-34808] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr26jn98-15] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \1\ 38 FR 21494 (Aug. 9, 1973). --------------------------------------------------------------------------- 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: --------------------------------------------------------------------------- \2\ 16 CFR 307 (1997). --------------------------------------------------------------------------- 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\ --------------------------------------------------------------------------- \3\ 16 CFR 307.5 --------------------------------------------------------------------------- [[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