Advertiser Policies & Guidelines
Academy Leader, Inc., through its service, TV Ad Rate Store (the “Company”), creates new, custom television commercial productions and may, from time to time, air television advertisements that our clients supply, or make recommendations regarding such supplied TV advertisements. The policies and guidelines below will be helpful to those advertisers submitting completed ads to The Company for local or national television airing.
The Company’s ongoing goal is to create and present advertising that is truthful, substantiated, in good public taste, and not misleading. The Advertiser Policies and Guidelines outlined here are designed to help educate advertisers about the rules and norms for creating and running advertiser supplied content and advertiser supplied commercials via The Company.
TV Ad Rate Store brand advertisements should meet the highest standards. As part of this goal, TV Ad Rate Store advertisements should adhere to federal, state and local laws and regulations, Federal Communications Commission and Federal Trade Commission rules and guidelines, television network standards and practices, and other applicable guidelines for advertising on cable and broadcast television, or other applicable advertising media.
The FTC advertising guidance for business generally covers false or misleading advertising, and can be found on this site: http://www.ftc.gov/bcp/guides/guides.htm
Guidance from the FCC, which generally addresses obscene, indecent or profane broadcasts, can be found at this site: http://www.fcc.gov/cgb/consumerfacts/obscene.html
This Advertiser Policies and Guidelines document is intended to inform advertisers about rules and norms, but is not intended to be all-inclusive. For example, individual television networks are not required by law to air all material submitted, and in addition, may impose their own network-specific requirements or restrictions. Advertisers are responsible for adhering to all laws, rules and guidelines, and the Company reserves the right to accept or reject any advertisement or require the elimination or revision of any content provided by the advertiser. The advertiser is fully responsible for, and the Company shall have no liability in connection with, any advertising content that the advertiser provides, or any advertisement (including any previously produced advertisement) that advertisers run.
If you have any questions about these Advertiser Policies and Guidelines, you may Contact Us via email. For questions about compliance with advertising-related rules and regulations, you should consult legal counsel.
In general, the guidelines are as follows (additional rules may apply):
Advertising of hard liquor or distilled spirits (including mixed products that contain hard liquor) is not allowed. Advertisers may promote beer and wine, subject to federal, state and local laws, and applicable guidelines from the Federal Communications Commission, Bureau of Alcohol, Tobacco and Firearms, television broadcasters and others. Here is a partial list of rules (additional rules may apply):
- Advertisements may not depict the actual consumption of alcoholic beverages, which includes the sound effects or visuals of drinking.
- Advertisements may not encourage excessive alcohol consumption, or any use of alcohol by minors.
- Advertisements generally may not refer to the strength of the beer or wine.
- Where required by law, advertisements must disclose the name and city of the brewer, producer, packer, wholesaler or reporter responsible for its broadcast.
Unless the depiction is newsworthy or part of a news event, advertisements using or depicting the American Flag should treat the flag in a dignified and appropriate manner.
Availability of Products and Services
Advertisements must disclose if the distribution or availability of products or services is limited. For example, if your products or services are not yet available or not available in the majority of the advertising market where your advertisement runs, your ad must make this limitation clear.
Attorney or Legal Services
Advertisements must include the appropriate disclaimers and disclosures for the area where they run, be that local or nationwide.
Advertisements directed to children must comply with federal, state and local laws, Federal Trade Commission, television broadcast and other applicable guidelines, including the Self-Regulatory Guidelines for Children's Advertising of the Children’s Advertising Review Unit of the Better Business Bureau.
A copy of Self-Regulatory Guidelines for Children's Advertising can be found at this site: http://www.caru.org/guidelines/index.asp
Cigarettes and Tobacco
The Company does not accept advertising for cigarettes, cigars, pipe tobacco, tobacco paraphernalia and smokeless tobacco.
Comparative advertising is the presentation of the advertised product or service juxtaposed against a competitor. Advertisements comparing products or services may not distort or exaggerate differences or otherwise create a false, deceptive or misleading impression. Comparative advertisements must comply with federal, state and local laws, Federal Trade Commission, television broadcast and other applicable guidelines. The FTC Statement of Policy of Comparative Advertising can found at this site: http://www.ftc.gov/bcp/policystmt/ad-compare.htm
Contests and Sweepstakes
The Company does not accept advertisements for contests and sweepstakes, except under special circumstances and approval from the Company. A lottery, gift enterprise or similar scheme generally exists when three elements are present:
1.) the distribution of a prize, 2.) according to chance, and 3.) for consideration such as money or the purchase of a product.
Advertisements for condoms, contraceptive methods, or devices are subject to prior review by the Company and must comply with all federal, state and local laws, as well as Federal Trade Commission, Federal Communications Commission, television broadcast and other applicable guidelines.
Demonstrations, Dramatizations, Reenactments, Simulations, and
Advertisements that includes demonstrations, dramatizations, reenactments, simulations, tests, experiments or other technical, mechanical, electronic or chemical exhibitions, must comply with all federal, state and local laws and other applicable guidelines. The advertiser must accurately depict the product or service involved, and must disclose when actors are used to portray actual persons.
Dietary Supplements and Nutritional Products
Advertisements related to dietary supplements or nutritional products must comply with federal, state and local laws and other applicable guidelines. For details see:
The Dietary Supplement Health and Education Act:
FTC Statement on Dietary Supplements: http://www.ftc.gov/bcp/conline/pubs/buspubs/dietsupp.htm
Direct Response Advertising
See “ Mail Order, Telephone, Internet, and Direct Response Advertising”
Endorsements and Testimonials
An endorsement is a statement of public approval or support by a real individual or enterprise. A testimonial is a statement of in-person experience by a real party, such as a consumer or expert who has personally used the product or service. Endorsements and testimonials must always reflect the honest opinions, findings, beliefs, or experience of the endorser. Endorsements and testimonials may not contain claims that could not be substantiated if made by the advertiser directly. All endorsements and testimonials must comply with federal, state and local laws and other applicable guidelines. See the FTC Statement on Endorsements and Testimonials at: http://www.ftc.gov/bcp/guides/endorse.htm
Financial and Investment
Advertising for banks, funds, stocks, bonds, commodities, insurance, real estate, and other investments must disclose all material restrictions, risk factors and qualifications and must comply with federal, state and local laws, Securities and Exchange Commission, television broadcast and other applicable guidelines, including, for instance, regulations promulgated by applicable professional or trade groups.
Firearms and Ammunition
The Company does not accept advertising for firearms or ammunition.
Food and Nutrition
Advertisements may not overstate or exaggerate the nutritional value of foods. Health claims, including claims of food being “nutritious” or “healthy” must be substantiated and in the context of a total diet. All food advertisements must comply with federal, state and local laws and other applicable guidelines. See the provisions of the Food and Drug Administration’s Nutrition Labeling and Education Act of 1990, at http://www.fda.gov/ora/inspect_ref/igs/nleatxt.html
When using the terms “guarantee,” “warranty” or similar words that signify a promise or assurance, advertisers may be required to provide specific information such as the actual terms and conditions. Advertisers should generally disclose whether an advertised warranty is “limited” or “full,” its duration, and any major limitations of the warranty. Advertisers should also provide information on where to find the full details of the warranty. All guarantees and warranties must comply with federal, state and local laws, Federal Trade Commission, television broadcast and other applicable guidelines.
Issue-Based or Controversial Topics
Broadcasters often do not accept advertising about controversial topics. The Company generally follows broadcaster policies. Political advertisements are often an exception to controversial issues advertising. Any political advertisements must comply with all federal, state and local laws.
Medical and Health-Related Products
Advertisements related to health and medical products and services (including drugs) must comply with federal, state and local laws, Food and Drug Administration, Federal Trade Commission, television broadcast and other applicable guidelines. The FDA and broadcasters have strict guidelines, which include:
For Prescription Drugs:
- Advertisements must contain any pertinent warnings and side effects information
- The phrase “available only by prescription” or “use only as directed by your physician” generally must appear visually within the commercial
- Advertisements cannot depict use of the product on-camera
For Nonprescription and Over-the-Counter Drugs and Medical Devices:
- A prohibition against claims that the product alone will affect a cure
- Unless there is sufficient qualification or documentation, terms such as "safe," "without risk," "harmless," or similar terms may not be used
- Advertising may not make appeals to children
- The phrase "Use only as directed" must appear visually within the advertisement
Statements From The Medical Profession:
Generally speaking, health professionals may not appear in commercials for a health care product or service, outside of promoting their own service.
Mail Order, Telephone, Internet, and Direct Response Advertising
All mail order, telephone, Internet and direct response advertising must comply with federal, state and local laws and other applicable guidelines. The FTC Mail or Telephone Order Merchandise Rule can be found at this site: http://www.ftc.gov/bcp/conline/pubs/buspubs/mailrule.htm
A few examples of direct response, telephone, internet, and mail order considerations:
- Any charges beyond the advertised purchase price (postage, handling, etc.) must also be disclosed.
- The time necessary for the consumer to receive the merchandise must be reasonable. For example, if time for delivery will exceed 30 days, commercials must indicate the actual anticipated time for such delivery.
“New” Used In Advertising
Advertisers should use the term “new” only for a period of six months from the time a product or service is introduced.
Nudity or Pornography
Advertising may not, directly or by implication, contain nudity or pornography. The FCC defines general rules in such cases, and community standards also play a role. See also, “Obscenity, Indecency, Profanity, Abusiveness, Vulgarity.” See the FCC website for details.
Obscenity, Indecency, Profanity, Abusiveness, Vulgarity
Advertising may not, directly or by implication, be obscene, indecent, profane or vulgar. Nor may advertising be threatening, abusive, harassing or hateful (racially, ethnically, religiously, or by creed), or otherwise objectionable in light of community norms and standards. See the FCC website for details.
Pay-Per-Call and “900” Number Services
The Company does not accept advertisements promoting the use of “900” numbers (or other telephone exchanges such as “540”) for pay-per-call services, except under special circumstances and subject to approval from the Company.
Advertisements for personal products (such as feminine hygiene products, home pregnancy tests, home HIV tests, adult diapers, STD medications) must follow television network and station guidelines.
See “Issues-Based or Controversial Topics”
Premiums and Offers
Advertisers must ensure that the value of any premium is no less than stated and that any premiums or offers are not unsafe or detrimental to the consumer. The Advertiser’s responsibilities include, but may not be limited to, the following:
- Provide all offer details, including rules, eligibility requirements, beginning and end dates, and requirements for fulfillment
- Make sure that full details are easily accessible
- Give a cash refund for premium items that are returned by the consumer.
Prohibited Techniques and Presentation Methods
The Company prohibits advertising techniques and methods that include:
- Using "Bait and Switch" tactics that promote goods or services not intended for sale but designed to lure the public into purchasing substitute goods or services
- Giving unqualified safety references, if the product’s package, label or insert contains a caution, or the normal use of the product presents a possible hazard
- Making direct or implied use of government officials or any government body without official approval.
- Making claims or representations that are false or tend to deceive, mislead, or misrepresent
- Use of "subliminal perception" or other similar techniques
- Offering unsupported or exaggerated promises of earnings
Advertisers must assure compliance with normal safety precautions (for instance, not representing persons riding in a moving vehicle without seatbelts, or consuming alcohol and driving).
Solicitation of Funds
As a general matter, in recognition of broadcasters’ policies, the Company does not accept advertisements that solicit funds except in certain situations, for certain types of political campaigns, charities, non-profits, NGOs, or other similar organizations and only when in compliance with any and all applicable rules and regulations governing advertising in those contexts.
Substantiation of Claims
Advertising claims must be substantiated in advance of airing the advertisement with valid and reliable research or support. Claim substantiation must comply with federal, state and local laws, Federal Trade Commission, television broadcast and other applicable guidelines. The FTC Policy Statement Regarding Advertising Substantiation can be found at this site: http://www.ftc.gov/bcp/guides/ad3subst.htm
Superimposed Text, “Supers”
When superimposed copy is used, it must be displayed clearly and conspicuously.
See “Cigarettes and Tobacco”
Warranties and Guarantees
These guidelines are for the advertiser's information only and set forth general standards. They are by no means exhaustive and are subject to revision without notice by the Company at its sole discretion.
Standards and practices are continually evolving and vary by region and medium. It is the sole responsibility of the advertiser to ensure that their advertisement conforms with all applicable laws, rules and regulations.
Protecting Your Privacy
Terms and Conditions
Version TVAD-1.1 Revised 16 April 2011
Copyright 2011 TV Ad Rate Store, a Service of Academy Leader, Inc.