disclaimers

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Fine Print Is Not Just in Print Anymore

We’re celebrating April Fool’s Day a week early with a little bit of consumer humor.

Remember those old Federal Express commercials with actor John Moschitta rapid-talking his spiel?

Well, almost two decades later, he is not alone any longer. This time, however, even faster speed-talking is used to make important disclosures and disclaimers in a radio commercial for a Boston-based financial advisory service.

*MOUSE PRINT:

That was perfectly understandable, right?

We asked the company, Hackmann Wealth Partners, if those disclosures were required by certain regulations and whether they would make future ads more understandable. They did not respond.

Presumably the disclosures said something like what is stated in a footnote on their website:

Investment advisory services offered through Brookstone Wealth Advisors, LLC (BWA), a registered investment advisor. BWA and HWP Inc, DBA Hackmann Wealth Partners, are independent of each other. Insurance products and services are not offered through BWA but are offered and sold through individually licensed and appointed agents.

Radio listeners deserve to be able to hear and understand what these folks glossed over in their commercial.

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Nissan Cars Can’t Snowboard…Duh

  Car manufacturers love to put important details about their vehicles and offers in minuscule fine print in their television commercials. And Nissan is no exception.

Just in case you couldn’t read the tiny disclaimer in two recent Nissan commercials, we’ve captured it for you.

Commercial #1: Nissan Sentra

This ad shows Nissan cars gliding effortlessly over banks of snow the way a snowboarder would.

*MOUSE PRINT:

Nissan snowboarding

And just in case you can’t read that, and to prevent a misimpression, Nissan has an important warning for viewers. You should not try snowboarding in your car because “cars can’t snowboard.”

Commercial #2: Nissan Leaf

This ad shows Nissan cars rolling backwards out of a trailer truck while going full speed on a highway.

*MOUSE PRINT:

Nissan Leaf

So, just in case you thought you could buy a Nissan Leaf, put it on a truck, and roll backwards out of it at 60 miles an hour, the company advises viewers not to try it because you are watching a “fantasy.”

Commercial #3: Mazda

Not to be outdone, in the opening scene of a Mazda commercial about safety, they show a man who has been set on fire and provide the standard fine print warning: do not attempt.

*MOUSE PRINT:

Mazda do not attempt

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FTC Warns Against Mouse Print in Online Ads

Last week, the Federal Trade Commission (FTC) revised its guidelines for disclosures in online advertising, including new guidance for ads that appear on cellphone screens.

One of the most important points made by the new “rules” is that when practical “advertisers should incorporate relevant limitations and qualifying
information into the underlying claim, rather than having a separate disclosure qualifying the claim.” That means don’t advertise “all books* on sale” with a disclaimer that says “*hardcover only”, when you could have clearly advertised “All Hardcover Books on Sale” to start with.

Some of the other basic principles include:

  • Required disclosures should be clear and conspicuous;
  • They should be close to the claim to which it relates;
  • Only in rare circumstances should a hyperlink lead to the disclosure;
  • You shouldn’t have to scroll to find the disclosure;
  • Even small banner ads and tweets need appropriate disclosures.

Here are some sample ads created by the FTC to demonstrate some of their new principles:

*MOUSE PRINT:

cell ad

In this ad, 3/4 Ct. is a link that goes to a disclosure that reveal that the diamonds actually may weigh between .72 and .78 carats. The FTC wants to see that disclosure right on this screen, near the 3/4 carat claim.

*MOUSE PRINT:

cold box

There is a health disclaimer at the bottom of this ad which warns that when temperatures are over 80 degrees, this cooler is not capable of keeping foods cold enough to prevent the growth of bacteria which could cause a foodborne illness. The FTC says that something this important should be right in the ad, and in close proximity to the claim that the box keeps food “fresh and cold.”

*MOUSE PRINT:

banner ad

The FTC has separate testimonial rules that require people who are paid to express their opinion to disclose that fact. In this case, “JuliStarz” was a paid endorser. In addition, also in that set of guidelines is the requirement that the average benefit to be derived from a weight loss program be disclosed if the example given is atypical. In this case, the average person will much less than 30 pounds in six weeks, so the disclosure has to say, for example, avg weight loss = 3-lbs/wk.

Don’t hold your breath waiting to see online ads follow all these rules.