How do I Advertise Warranties Covered by the Pre-Sale Availability Rule?
In general, the Guides advise that if a print or broadcast ad for a consumer product mentions a warranty, and the advertised product is covered by the Pre Sale Availability Rule (that is, the product is sold in stores for more than $15) the ad should inform consumers that a copy of the warranty is available to read prior to sale at the place where the product is sold. Print or broadcast advertisements that mention a warranty on any consumer product that can be purchased through the mail or by telephone should inform consumers how to get a copy of the warranty.
For advertisements of consumer products costing $15 or less, the Guides do not call for the pre-sale availability disclosure. Instead, the Guides advise that the FTC's legal decisions and policy statements are the sole sources of guidance on how to avoid unfairness or deception in advertising warranties. Consult your attorney for assistance in researching and applying the FTC's case decisions and policy statements.
Advertisements for products covered by the Pre-Sale Availability Rule need only state that the warranty can be seen where the product is sold. (16 C.F.R. § 239.2).
For more information, see here: https://www.ftc.gov/tips-advice/business-center/guidance/businesspersons-guide-federal-warranty-law
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