Adherence of Prime-Time Televised Advertising Disclosures to the “Clear and Conspicuous” Standard: 1990 versus 2002

In 1990, one-fourth of all national television commercials contained disclosures, yet none of the disclosures adhered to all of the Federal Trade Commission's “clear and conspicuous” standard (CCS). As a result of marketplace changes and a 2001 Federal Trade Commission and National Advertising Division joint workshop, the authors anticipate an increase in the number of disclosures and greater adherence to the CCS. The authors find a significant increase in disclosure incidence; however, adherence declines or remains unchanged for most individual guidelines. Finally, the authors provide public policy implications and offer suggestions to increase adherence to the CCS.