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- PART 239 -- GUIDES FOR THE ADVERTISING OF WARRANTIES AND GUARAN-
- TEES
-
- Sec.
- 239.1 Purpose and scope of the guides.
- 239.2 Disclosures in warranty or guarantee advertising.
- 239.3 "Satisfaction Guarantees" and similar representation in
- advertising; disclosure in advertising that mentions "satis-
- faction guarantees" or similar representations.
- 239.4 "Lifetime" and similar representations.
- 239.5 Performance of warranties or guarantees.
-
- AUTHORITY: Secs. 5, 6, 38 Stat. 719 as amended, 721; 15
- U.S.C. 45, 46.
-
- SOURCE: 50 FR 18470, May 1, 1985, unless otherwise noted.
-
- 239.1 Purpose and scope of the guides.
-
- The Guides for the Advertising of Warranties and Guarantees
- are intended to help advertisers avoid unfair or deceptive prac-
- tices in the advertising of warranties or guarantees. The Guides
- are based upon Commission cases, and reflect changes in circum-
- stances brought about by the Magnuson-Moss Warranty Act (15
- U.S.C. 2301 et seq.) and the FTC Rules promulgated pursuant to
- the Act (16 CFR Parts 701 and 702). The Guides do not purport to
- anticipate all possible unfair or deceptive acts or practices in
- the advertising of warranties or guarantees and the Guides should
- not be interpreted to limit the commission's authority to proceed
- against such acts or practices under section 5 of the Federal
- Trade Commission Act. The Commission may bring an action under
- section 5 against any advertiser who misrepresents the product or
- service offered, who misrepresents the terms or conditions of the
- warranty offered, or who employs other deceptive or unfair means.
-
- Section 239.2 of the Guides applies only to advertisements
- for written warranties on consumer products, as "written warran-
- ty" and "consumer product" are defined in the Magnuson-Moss
- Warranty Act, 15 U.S.C. 2301, that are covered by the Rule on
- Pre-Sale Availability or Written Warranty Terms, 16 CFR Part 702.
- The other sections of the Guides apply to the advertising of any
- warranty or guarantee.
-
- (50 FR 18470, May 1, 1985; 50 FR 20899, May 21, 1985)
-
- 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 ad prominence as will be
- noticed and understood by prospective purchasers, that prior to
- sale, at the place where the product is sold, prospective pur-
- chasers can see the written warranty or guarantee for complete
- details of the warranty coverage.
-
- Examples: The following are examples of disclosures suffi-
- cient 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 cover-
- age. These examples are for both print and broadcast advertis-
- ing. 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 restric-
- tions 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 catalog, or in any other
- solicitation for mail order sales or for telephone order sales
- mentions a warranty or guarantee that is offered on the adver-
- tised 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 catalog or
- other solicitation (whichever is applicable).
-
- Examples: The following are examples of disclosures suffi-
- cient to convey to consumers how they can obtain complete details
- of the written warranty or guarantee prior to placing a mail or
- telephone order. These examples are illustrative, not exhaus-
- tive. 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 guarantees. Read about our limited 90
- day warranty in this catalog."
-
- 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]
-
- 239.3 "Satisfaction Guarantees" and similar representations in
- advertising; disclosure in advertising that mentions "satisfac-
- tion guarantees" or similar representations.
-
- (a) A seller or manufacturer should use the terms "Satisfac-
- tion Guarantee," "Money Back Guarantee," "Free Trial Offer," or
- similar representation in advertising only if the seller or
- manufacturer, as the case may be, refunds the full purchase price
- of the advertised product at the purchaser's request.
-
- (b) An advertisement that mentions a "Satisfaction Guaran-
- tee" or a similar representation should disclose, with such
- clarity and prominence as will be noticed and understood by
- prospective purchasers, any material limitations or conditions
- that apply to the "Satisfaction Guarantee" or similar representa-
- tion.
-
- Examples: These examples are for both print and broadcast
- advertising. These examples are illustrative, not exhaustive.
-
- Example A: (In an advertisement mentioning a satisfaction
- guarantee that is conditioned upon return of the unused portion
- within 30 days) "We guarantee your satisfaction. If not com-
- pletely satisfied with Acme Spot Remover, return the unused
- portion within 30 days for a full refund."
-
- Example B: (In an advertisement mentioning a money back
- guarantee that is conditioned upon return of the product in its
- original packaging) "Money Back Guarantee! Just return the ABC
- watch in its original package and ABC will fully refund your
- money."
-
- 239.4 "Lifetime" and similar representations.
-
- If an advertisement uses "lifetime," "life," or similar
- representations to describe the duration of a warranty or guaran-
- tee, then the advertisement should disclose, with such clarity
- and prominence as will be noticed and understood by prospective
- purchasers, the life to which the representation refers.
-
- Examples: These examples are for both print and broadcast
- advertising. These examples are illustrative, not exhaustive.
-
- Example A: (In an advertisement mentioning a lifetime
- guarantee on an automobile muffler where the duration of the
- guarantee is measured by the life of the car in which it is
- installed) "Our lifetime guarantee on the Whisper Muffler
- protects you for as long as your car runs -- even if you sell it,
- trade it, or give it away!"
-
- Example B: (In an advertisement mentioning a lifetime
- guarantee on a battery where the duration of the warranty is for
- as long as the original purchaser owns the car in which it was
- installed) "Our battery is backed by our lifetime guarantee.
- Good for as long as you own the car!"
-
- 239.5 Performance of warranties or guarantees.
-
- A seller or manufacturer should advertise that a product is
- warranted or guaranteed only if the seller or manufacturer, as
- the case may be, promptly and fully performs its obligations
- under the warranty or guarantee.