Department of Standards and Practices
2023
ABC TELEVISION NETWORK
ADVERTISING
STANDARDS AND GUIDELINES
Table of Contents
INTRODUCTION ............................................................................................................................... 1
ALCOHOLIC BEVERAGES .................................................................................................................. 4
ANIMALS.......................................................................................................................................... 7
BILLBOARDS..................................................................................................................................... 7
CANNABIS/CBD ............................................................................................................................... 8
CHAIRMAN’S MESSAGES IN SPORTING EVENTS ............................................................................. 8
CLAIM SUBSTANTIATION ................................................................................................................ 9
COMMUNITY SENSIBILITIES .......................................................................................................... 12
COMPETING MEDIA & PROGRAMMING ....................................................................................... 12
CONTESTS ...................................................................................................................................... 13
CONTROVERSIAL ISSUES ............................................................................................................... 14
CRIMINAL ACTIVITIES .................................................................................................................... 15
CRYPTOCURRENCY, NFTs, & OTHER BLOCKCHAIN-BASED DIGITAL ASSETS ................................. 15
DEMONSTRATIONS ....................................................................................................................... 17
DIETARY SUPPLEMENTS, VITAMINS, AND RELATED PRODUCTS .................................................. 17
DIRECT RESPONSE ADVERTISING .................................................................................................. 18
DRAMATIZATIONS, REENACTMENTS, AND SIMULATIONS ........................................................... 18
EMERGENCY ALERTS ..................................................................................................................... 19
ENDORSEMENTS ........................................................................................................................... 19
ENVIRONMENTAL CLAIMS ............................................................................................................ 21
FANTASY SPORTS .......................................................................................................................... 21
FINANCIAL ADVERTISING .............................................................................................................. 21
FIREARMS, AMMUNITION, AND FIREWORKS ............................................................................... 22
FOOD ............................................................................................................................................. 22
FOREIGN LANGUAGE ..................................................................................................................... 23
“FREE,” Use Of ............................................................................................................................... 23
GAMBLING RELATED ADVERTISING .............................................................................................. 24
GUARANTEES OR WARRANTIES .................................................................................................... 28
INTERSTITIALS / INTEGRATIONS.................................................................................................... 29
INTIMACY, PERSONAL CARE, CONTRACEPTIVE & FERTILITY PRODUCTS ...................................... 29
LIVE, Use Of ................................................................................................................................... 30
LOTTERIES...................................................................................................................................... 30
MEDICAL PRODUCT ADVERTISING - OTC Products and Medical Devices ..................................... 31
MOTION PICTURE, STREAMING, AND HOME ENTERTAINMENT ADVERTISING ........................... 33
“NEW,” Use Of .............................................................................................................................. 34
NEWS and RELATED TECHNIQUES (including simulation of) ........................................................ 35
ONLINE DATING SERVICES ............................................................................................................ 35
PET FOOD ...................................................................................................................................... 35
POLITICAL ADVERTISING ............................................................................................................... 35
PREMIUMS AND OFFERS ............................................................................................................... 36
PRESCRIPTION DRUGS ................................................................................................................... 36
PRIVACY AND PUBLICITY RIGHTS .................................................................................................. 38
PRODUCT DEMONSTRATIONS ...................................................................................................... 39
PROFESSIONAL ADVERTISING ....................................................................................................... 39
PROGRAM-LENGTH COMMERCIALS ............................................................................................. 39
PSYCHIC SERVICES ......................................................................................................................... 40
PUBLIC SERVICE ANNOUNCEMENTS ............................................................................................. 40
PUBLIC SYMBOLS ........................................................................................................................... 42
QR CODES ...................................................................................................................................... 43
RELIGIOUS THEMES ....................................................................................................................... 43
SAFETY / DANGEROUS BEHAVIOR................................................................................................. 43
SEXUALLY EXPLICIT PUBLICATIONS, PRODUCTS, AND SERVICES .................................................. 43
SOLICITATION OF DONATIONS ...................................................................................................... 44
SPONSORSHIP IDENTIFICATION .................................................................................................... 44
SPORTS INSTITUTIONALS .............................................................................................................. 44
SUBLIMINAL PERCEPTION ............................................................................................................. 45
SUPERS .......................................................................................................................................... 46
TALENT IN COMMERCIALS ............................................................................................................ 46
TECHNICAL EFFECTS ...................................................................................................................... 47
TELEPHONE NUMBERS .................................................................................................................. 47
TEXTING REQUESTS ....................................................................................................................... 47
TOBACCO ....................................................................................................................................... 48
UNDERGARMENTS ........................................................................................................................ 48
VIDEO & MOBILE GAMES .............................................................................................................. 48
VITAMINS ...................................................................................................................................... 49
WEIGHT REDUCTION AND CONTROL ............................................................................................ 49
WHITE COAT RULE ........................................................................................................................ 51
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INTRODUCTION
OVERVIEW
It is the policy of the ABC Television Network (“ABC”) to present advertising that is truthful,
tasteful, and consistent with all applicable laws and regulations, as well as industry and
corporate standards. This policy is mandated not only by our obligation to operate in the public
interest and by state and federal laws, but also as a matter of good corporate citizenship.
These Advertising Standards and Guidelines are to be used by advertisers, their agencies and
legal counsel, and ABC personnel, with the goal of producing advertising that can be approved
and aired on ABC.
ROLE OF THE DEPARTMENT OF STANDARDS AND PRACTICES
The Department of Standards and Practices (“S&P”) is responsible for reviewing all advertising
material on ABC. S&P personnel screen and clear all advertising content, public service
announcements, and interstitials intended for air. S&P also serves as a resource for ABC-owned
television stations, whose managers are responsible for their own commercial clearance
decisions.
S&P is an independent department of ABC, ultimately reporting to the General Counsel of The
Walt Disney Company, operating objectively and free of external influences.
GENERAL STANDARDS
Advertising presented on our platforms should be truthful, accurate, and tastefully executed.
ABC reserves the right to accept or reject any advertising or portion thereof it deems
inconsistent with its policies and these guidelines.
In order to determine the acceptability of advertising material submitted for broadcast, S&P will
review the accuracy of all statements and claims made in advertising copy and the
appropriateness of the creative. Advertisers are required to have a reasonable basis for all
express and implied claims made in their advertising. Advertising should be presented in a
manner that is appropriate and tasteful and, towards that end, images of nudity and language
that constitutes profanity will not be acceptable.
Advertising may require scheduling restrictions. Such restrictions will be imposed at S&P’s
discretion, taking into account the nature of the product or service advertised, the content and
context of the advertising, and the content, tone and audience composition (including the
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likelihood of co-viewing by minors) of the program into which the advertisement would be
placed. In addition, advertising within News programs will be restricted if the subject matter of
the commercial is also the subject of a news item in that broadcast. Restrictions may also be
imposed due to Sales concerns, e.g., product exclusivity, multiple product mentions, etc.
ABC reserves the right to request that the advertiser affirmatively establish that it has obtained
all relevant rights and releases for all identifiable persons and intellectual property contained in
its creative.
CLEARANCE PROCESS:
COMMERCIAL SUBMISSIONS
Advertisers should submit to S&P storyboards/scripts, and subsequently rough cuts and finals,
for each commercial intended for air on ABC sufficiently in advance of broadcast to permit
careful review. Final commercials should be accurately labeled and slated.
S&P does not routinely review advertising which is not intended for national broadcast on ABC.
To qualify for national broadcast, products and services must generally be available in at least
50% of the country.
Agencies should submit information substantiating their claims with the initial submission of
proposed advertising. Materials submitted to S&P will be treated as confidential.
An S&P Review Specialist reviews all commercial submissions for ABC. After reviewing a
proposed commercial, S&P may accept or reject the advertising, request revisions, or request
additional substantiation for claims.
CHALLENGE PROCESS – Competitive Challenges to Advertising on the Network
Any commercial aired on ABC may be challenged. Prior to filing a challenge, the challenger
should contact the advertiser and make a good faith effort to resolve the concerns raised.
If the parties fail to resolve the issue(s), a challenge may be commenced by submitting, in
writing to S&P, all arguments and supporting documentation or data. The advertiser should be
copied on this correspondence.
S&P will review all challenges received, and if the challenge appears to have merit, S&P will
send a letter to the advertiser requesting that it respond in writing to the challenge. The
advertiser’s response will be due within ten (10) business days from the date ABC advised the
advertiser of the challenge. Upon receipt of the advertiser’s initial response, ABC will invite the
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challenger to add to the record. The challenger must submit its reply within ten (10) business
days of such invitation. Lastly, the advertiser will be offered the opportunity to complete the
record with its second and final reply. Should the advertiser choose to do so, this submission
must also be received by ABC within ten (10) business days. S&P may adjust the above schedule
for good cause.
Every challenge is reviewed de novo. It is S&P’s general practice that materials submitted by the
challenger and advertiser, as well as communications from and decisions by S&P, will not be
disclosed to parties that are not involved in the challenge process.
If, during the course of a challenge, the advertiser believes that certain material needed to
refute the challenger’s claims is a trade secret, or contains information that is privileged or
confidential, it should set forth the basis for such designation, and provide an Executive
Summary of the information to the challenger for review and comment. In the event a
challenger refuses to provide information to the advertiser that it deems confidential or
proprietary, S&P will not consider this material in its review of the challenge and will promptly
return such material to the challenger.
In the event litigation or government action is commenced during the course of a challenge
raising the same or substantially similar issues, S&P will generally defer consideration of the
challenge and permit the disputed claims to air pending resolution by the responsible court or
government agency.
S&P will normally permit a challenged commercial to continue to air unless: (1) the advertiser
refuses to cooperate with the challenge procedures described above; (2) the airing of the
commercial has been enjoined by a court; (3) the issues raised by the challenge are resolved
against the advertiser by a government agency or an appropriate court; or (4) S&P determines
that continued airing is not in the best interests of ABC or its viewers.
GOVERNMENT ACTION
The actions of a federal, state, or local government agency or court may affect the question of
whether or not advertising claims for a particular product or service are acceptable. Advertising
that contains claims that the government has announced are subject to investigation or other
governmental process will be considered on a case-by-case basis. If the advertising is approved,
and the government action is then resolved against the advertiser, the approval will be
revoked, and the advertising will be withdrawn from broadcast.
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ALCOHOLIC BEVERAGES
STANDARD
Beer, wine, malt beverage, and hard liquor advertising is acceptable, subject to federal, state,
and local laws, industry guidelines, and the applicable guidelines set forth here. Any commercial
for or featuring alcoholic beverages may be subject to scheduling restrictions based upon the
nature of the advertised or featured product, audience composition, and other factors.
GUIDELINES
General
• All alcoholic beverage advertising must include a “drink responsibly” or similar message
in audio and/or video.
• The following elements are generally not acceptable:
o Direct or indirect references to, or depictions of, the strength of the product,
(including statements of alcoholic content) unless used solely to establish
that the product contains alcohol. General references to a reduction in
alcoholic content in a given product type are acceptable, provided that there
is no implication or conclusion about the safety or amount that may be
consumed by reason of such reduction.
o Visual representations or sound effects of drinking.
o Depictions of unsafe or illegal activities, such as presentations that give the
impression of, or promote, excessive consumption of these products;
portraying or encouraging use of these products by young people who have
not reached, or appear not to have reached, the legal drinking age;
presentations that do not conform to generally accepted standards of safety,
such as the use of these products either before or during situations involving
hazardous activities or requiring a high degree of alertness.
o Advertising that represents personal achievements, athletic ability,
attractiveness, maturity, etc., as deriving from the consumption of these
products. These advertisements should not claim or imply that the
consumption of alcoholic beverages will allow viewers to maintain or
increase their athletic prowess, health, or conditioning; or perform at a level
comparable to that of a famous athlete.
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o Advertising that expresses or implies that the consumption of these products
will produce an alteration of mood.
• The gratuitous use of alcoholic beverages as props in non-alcoholic beverage
commercials should be avoided. If otherwise acceptable, the use of props or language
primarily associated with hard liquor may trigger the same restrictions as if the
commercial was promoting a hard liquor product.
• Advertising for nonalcoholic products containing the brand name of a hard liquor
product or a distiller may be subject to the same scheduling restrictions as the hard
liquor product or distiller itself.
• The use of a QR code should not take the viewer directly to a webpage that is exclusively
for the purpose of purchasing the product.
Beer, Wine, and Malt Beverages
• Such products may be no more than 24% alcohol by volume, and by definition may not
be hard liquor based.
• Pursuant to the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives,
advertising for beer, wine, and malt beverages must disclose the corporate name, city,
and state of the brewer, producer, packer, wholesaler, or importer responsible for its
broadcast.
• Advertising for malt beverages (other than beer) must disclose in audio and/or video
that the product is a malt beverage.
• Scheduling Restrictions. Advertising for Beer, Wine, and Malt beverages is subject to the
following:
o May air only in programming where 74% of the audience composition is of
legal drinking age.
o Post 9PM (ET) Entertainment Programming and, on a case-by-case basis, in
Entertainment Programming airing 8PM-9PM ET (7PM-8PM CT).
o Not acceptable in World News Tonight, Wonderful World of Disney and G-
rated or other family-friendly programming.
o Additional restrictions may apply.
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Hard Liquor
• Hard liquor is defined as any beverage legally classified as a distilled spirit, which
includes, but is not limited to whiskey, gin, vodka, rum, brandy, cordials, liqueurs,
fortified wines, and mixed products which contain hard liquor, including liquor-based
coolers, even if the percentage of alcohol in them is less than that contained in beer,
wine, or malt beverages.
• Pursuant to the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives advertising
for hard liquor must disclose the corporate name, city, and state of the brewer,
producer, packer, wholesaler, or importer responsible for its broadcast, as well as the
percentage of alcohol by volume.
• Scheduling Restrictions. Advertising for distilled spirits may be considered subject to the
following:
o As long as the content of the commercial is deemed otherwise acceptable,
hard liquor advertising will generally be permitted in some Sports
Programming, as the respective league allows, such as NBA, NFL, NHL, MLB,
etc., as well as entertainment programming airing post-10PM ET (9PM CT). In
addition to the above, such advertising may generally air in programming
where at least 85% of the audience composition is 21 years or older.
o Requests for exceptions will be considered on a case-by-case basis, taking
into consideration factors including: the type of alcohol product being
advertised (e.g., its % alcohol by volume); the content and tone of the
program into which the advertising is to be placed; the scheduled time and
audience composition (including the likelihood of co-viewing by minors) of
the program into which the advertising is to be placed; and the nature and
content of the proposed advertisement.
o Program integrations involving hard liquor products will be considered on a
limited basis and must be pre-approved by S&P. S&P review may entail
consultation with and/or approval of Senior Corporate Management. The
above guidelines, including the applicable mandatory disclosures, would
apply to any program integration.
Alcoholic Beverages in Other Advertising
In advertising for businesses which sell alcohol in addition to other products/services, such as
hotels, restaurants, airlines, etc., references to and/or visuals of alcoholic beverages are
acceptable without restriction when limited to generic/unbranded visuals and/or language such
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as “cocktails,” “mixed drinks,” etc. Relevant scheduling restrictions will apply to such
advertising that includes prominent, pronounced, and/or branded references to alcoholic
beverages.
Alcohol Related
Advertising for Alcohol-related services, like delivery and subscriptions may also be subject to
the same requirements and restrictions as the alcohol brand.
ANIMALS
The use of animals in commercials shall conform with accepted standards of humane
treatment. Advertisers should provide a letter from the Humane Society or a certified animal
trainer confirming that no animals were harmed during commercial production. Alternatively,
advertisers may provide documentation that the Humane Society was contacted but declined
to be present.
When warranted, S&P will also notify Disney’s department of Animals in Film and TV of any
proposed animal action in commercial content, which will then help to determine the
appropriateness of animal usage.
BILLBOARDS
STANDARD
Current ABC policy defines a billboard as a five-second audio and/or video announcement
within a program that identifies the sponsor(s) of the program and is preceded by language
such as “brought to you by.”
Billboards should adhere to the guidelines for standard commercials. Billboard copy may
contain substantiated monadic claims, calls to action, and generic comparisons. Billboards may
not contain competitive comparisons, endorsements, premiums, prizes, contests, prices, special
sales, gratuitous secondary mentions, or guarantees.
Billboard copy may contain endorsements by sports associations or leagues (e.g., PGA, NFL,
etc.) only when the sporting event is broadcast on ABC and the billboard is scheduled in that
event.
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GUIDELINES
A billboard may contain a visual representation of the sponsor’s product(s), name(s), slogan,
and/or its logo. Billboards may contain a reference to the advertiser’s website and/or toll-free
number in audio or video. Animated and call-to-action billboards will be considered on a case-
by-case basis.
Billboards intended to air in News programming may not contain audio references to the
advertiser’s phone number or website (unless it is the name of the advertiser). Such references
may be included in video.
Billboards for motion pictures and streaming video/DVDs must carry the Motion Picture
Association of America (“MPAA”) rating in audio or video.
Billboards for alcoholic beverages must contain the required legal disclosures and responsibility
message in audio or video.
CANNABIS/CBD
ABC Network does not accept advertisements for CBD/Cannabis related products or services.
CHAIRMAN’S MESSAGES IN SPORTING EVENTS
A chairman’s message is one delivered by a high-ranking officer or designated spokesperson of
the named corporate sponsor of a sporting event.
A chairman’s message should be no longer than 45 seconds in duration. It is limited to an audio
and/or video identification of the corporate spokesperson, his or her title and the name of the
sponsoring company (e.g., Jane Smith, President, The XYZ Co.), together with a brief statement
about the sponsoring company’s association with the event and/or the charity involved.
Such messages may not mention or show any product or service and may not contain sell copy.
Unobtrusive visuals of signage and logos may be permitted. Calls to action must be limited to
the mention of a non-profit charity that is associated with the sporting event or corporate
sponsor. Solicitation of funds from viewers is not acceptable. In addition, there may be no
interaction with, or participation of, ABC or ESPN talent.
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CLAIM SUBSTANTIATION
STANDARD
An advertiser must have substantiation for all reasonable interpretations of express and implied
claims in its advertising. All claims must be substantiated with competent and reliable scientific
evidence, market research, or any other material that provides a reasonable basis for the
claims. To avoid post-production revisions or other last-minute issues, appropriate
substantiation should be submitted well in advance of production or scheduling of any
commercial.
(See also “Product Demonstrations”)
GUIDELINES
General
• Substantiation of competitive claims must include testing on all relevant products. If a
product or service is being compared to an entire market, it should be tested against the
top 85% of that market, based on current unit (not dollar) sales data.
• For claims supported by testing, the advertiser must document that the results: (1) are
not likely due to chance (statistically significant at 95% confidence level); (2) are
consistent with results one would expect from the product as purchased and used by
consumers; and (3) are meaningful to consumers (i.e., not merely statistically
significant).
• When evaluating substantiation, S&P will determine whether a given sample size is
acceptable, taking into account the scope of the study, relevant industry standards, and
the nature of the claim being substantiated.
• Qualifying information about the attributes or use of a product should be disclosed
whenever a claim is valid only under certain circumstances. Inadequately qualified
language (i.e. a “dangling comparative”) that creates a market comparison is not
permitted, unless such claim can be substantiated, as discussed above.
• False or misleading disparagement of competitive products or services, and falsely
claiming that a competitive product or service has little or no value (i.e., ash- canning) is
not permitted.
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• Puffery claims are subjective claims which cannot be verified (e.g., “When I wear X, I
look my best” and “Y is the most terrific game around”). Since they deal with subjective
preferences or hyperbole, they cannot be proven or disproven. Such claims are
generally acceptable as long as the clear net impression upon the viewing public is that
these claims are subjective, personal preference, or hyperbole.
Substantiation for Performance and Efficacy Claims
Claims that deal with performance, efficacy, sales, mileage and other tangible attributes that
are measurable and verifiable must be supported by substantiation that is equally measurable
and verifiable.
• Technical Testing:
Technical testing is often necessary as a means of establishing with a higher degree of certainty
the nature of the causal relation among several variables. Applicable government, industry, or
other established testing standards may be used. However, advertisers may choose not to
follow (in whole or in part) an applicable government, industry, or other established test
standard, provided they furnish an acceptable explanation for employing such alternate testing.
When technical testing is based on a simulation of product performance, the advertiser must
provide clear and convincing evidence that the simulation accurately reflects the product’s
performance under actual consumer use conditions; and must establish the impracticality or
impossibility of demonstrating a product’s performance under actual consumer use conditions.
• Clinical Studies:
Established standards of clinical research must be applied, including use of controls, objective
data collections, and analysis. Studies should be double-blinded (i.e., neither subject nor
researcher knows product identity). Results must be meaningful and measurable (i.e.
statistically significant and consumer relevant). Applicable government, industry, or other
established testing standards may be used. However, advertisers may choose not to follow (in
whole or in part) an applicable government, industry, or other established test standard
provided they furnish an acceptable explanation for employing such alternate testing.
A claim that the advertised product is “clinically proven” effective should be supported by at
least two clinical studies. The studies must have been conducted on the advertised product as
sold. In cases where only one clinical trial is available, the claim should explicitly refer to a single
clinical study (e.g., “a clinical test suggests…”).
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• Price Comparisons:
Comparisons of retail price may not be utilized in advertising unless the compared prices
accurately and fairly reflect the actual prices of the products generally available at the retail
level during the period the advertising is broadcast and within the entire geographical area in
which the advertising is broadcast.
Substantiation for Sensory, Preference, and Recommendation Claims
Claims regarding sensory attributes, preferences, or recommendations are an expression of
belief or opinion. Such claims also require substantiation, which can take the form of surveys,
focus groups, consumer use testing, etc. The acceptability of a particular form of substantiation
is contingent upon the claim being made.
• Consumer Use Testing:
Testing that requires respondents to express a preference should be double-blinded (i.e.,
neither subject nor researcher knows product identity). A minimum of product information
should be provided to respondents. No promotional materials should accompany test products,
and product coding should not clue respondents as to the product’s identity.
Side-by-side or sequentially paired comparison testing is preferred for comparative claims. As a
general rule, single monadic tests, where participants are given one “blinded” product to use in
place of their regular brand, are not generally sufficient to support comparative claims.
As ABC advertises only nationally distributed products, testing should be conducted in at least
four geographically dispersed and representative regions of the country.
Consumers taking part in the test must be representative of the population referred to in the
advertisement. They should possess enough experience with the product category to be able to
express an opinion.
Questionnaires should be objective, clear, unambiguous, and appropriately worded to
substantiate the claims being tested.
Sample size is dependent upon the scope of the study and the claim being substantiated. For
superiority claims, a minimum sample size of 200 is suggested. For parity claims, since there
must be a high degree of certainty that there is no difference between products, a minimum of
500 subjects is suggested.
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• Expert Panels:
The evaluation of a panel of experts must be objective and the results should be statistically
sound. Advertising based on such testing will often require disclosure that it is based on expert
panel testing.
• Doctor Recommendation Surveys:
These surveys must contain a minimum of 200 doctors from the appropriate specialty or
specialties. The sample should be randomly chosen (e.g., from an AMA list) and geographically
dispersed. A minimum plurality of twenty-five percent of this sample must prefer the product
or formula.
The research should be blinded so that the doctor does not know the sponsor of the study.
• Focus Groups:
Focus groups or informal discussion groups may be used to support certain subjective claims.
Data from focus group studies alone are not sufficient to substantiate claims.
CLINICAL STUDIES
Advertising for clinical and related studies is generally not acceptable.
COMMUNITY SENSIBILITIES
ABC will not accept advertising which misrepresents, ridicules, or attacks an individual or group
on the basis of age, color, national origin, race, ethnicity, religion, sex, sexual orientation,
gender identity or disability. Special sensitivity should be exercised in dealing with these
classifications.
Advertising which promotes violence, crime, obscenity, or any other forms of antisocial
behavior is unacceptable.
Due to heightened community sensitivities during national and international tragedies, it may
be necessary to reconsider or reexamine advertising, even if previously approved.
COMPETING MEDIA & PROGRAMMING
ABC reserves the right to reject, or to impose restrictions on, advertising for, or that features,
competing media. Such determinations will be made in consultation with senior members of
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the ABC Sales department. If determined to be otherwise acceptable, such advertising generally
may not include day, date and time scheduling information for the advertised program.
Such advertising should disclose the rating of the promoted movie or program.
Advertising for MA-rated programming will be restricted to GMA, Daytime, Sports and post-9
PM ET/PT Entertainment Programming. Such advertising will be reviewed on a case-by-case
basis, taking into consideration the nature of the advertised program, the content of the
proposed advertisement, and the content, tone and audience composition (including the
likelihood of co-viewing by minors) of the program into which the advertisement would be
placed.
CONTESTS
STANDARD
Advertising for advertiser-sponsored contests or sweepstakes may be acceptable if the contest
or sweepstakes offers all entrants a fair opportunity to win and complies with all applicable
federal and state laws. Such advertising must not be misleading, or falsely or unfairly raise
hopes and expectations of winning.
The broadcast of any advertisement or information concerning a lottery is a criminal offense
under 18 U.S.C. § 1304, except for lotteries permitted by state law. (See also “Lotteries”)
GUIDELINES
ABC reserves the right to require the advertiser to submit all details of a proposed contest,
including an entry blank, game card, complete rules, and a list of all prizes for approval prior to
production of the commercial.
Advertising including a contest or promotion should disclose the following information: (1)
specific eligibility and entry requirements; (2) entry deadline; (3) no purchase necessary; (4)
void where prohibited; (5) where to get complete rules; and (6) criteria for judging winning
entries in contest involving skills.
Advertising for a sweepstakes which legally depends on the equal availability of free means of
entry should adequately describe the availability of such free chances and the locations, times,
and manner in which they may be obtained. Such phrases as “No Purchase Necessary” or
“Nothing to Buy” without more information may not always meet this requirement.
For Network contests, per FCC regulation, broadcasters are required to disclose important
contest information fully and accurately, and to conduct contests substantially as announced.
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Such disclosure obligation can be met by announcing the contest terms over the air or by
posting that information online, provided that the website address where the contest rules can
be found is periodically announced over the air.
CONTROVERSIAL ISSUES
ABC will consider on a case-by-case basis advertising that presents a position on a controversial
public issue, subject to the below. These guidelines do not apply to advertising submitted by
political candidates, those authorized by candidates to buy time on their behalf or to political
parties. (See ‘Political Advertising’).
Advertising that presents a position on a controversial public issue may be unacceptable if:
• its content, or other content referenced in the ad or otherwise disseminated by the
advertiser, is deemed offensive (e.g., on racial, religious, or ethnic grounds);
• it is an attack of a personal nature on a private individual, an attack on an individual
business, or a comment on a private dispute;
• it contains violent or otherwise graphic or potentially offensive content that is deemed
to be inappropriate for our network’s viewing audience;
• it is incompatible with any of our network’s other advertising standards;
• it is inconsistent with any network or corporate policy; or
• it offends network sensibilities.
As part of the clearance process for such advertising, substantiation may be required to support
any factual claims made.
Such advertising must disclose the name of the actual individual or organization that is paying
for the ad. This disclosure must be in the form of a “paid for by…” or “sponsored by…” super, or
in a form otherwise required by law.
Any such advertising approved by this department may be subject to scheduling restrictions.
Use of any Disney/ABC intellectual property, talent or employees is not authorized and should
be avoided.
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CRIMINAL ACTIVITIES
Advertising may not contain the portrayal of specific, detailed techniques that provide
instruction in the commission of crimes, the use of weapons, or the avoidance of detection.
Advertising for illegal drug products, services, publications, or paraphernalia, as well as
incidental or gratuitous references to such in other advertising, is unacceptable.
CRYPTOCURRENCY, NFTs, & OTHER BLOCKCHAIN-BASED DIGITAL ASSETS
STANDARD
Advertising related to cryptocurrencies and other blockchain-based digital assets is acceptable
only for products, services and activities that perform the functions listed below or substantially
similar functions (“acceptable categories”):
• Cryptocurrency exchanges;
• Cryptocurrency payment processors;
• Digital wallet providers;
• Cryptocurrency/digital asset investment advisors, managers, and broker-dealers;
• Companies that provide cryptocurrency custodial services to institutional clients,
• Non-fungible tokens (NFTs) including (i) NFT rights holders, (ii) NFT marketplaces, (iii)
auction houses or any business whose primary function is to auction NFTs, and (iv)
providers of NFT support services such as smart contract development services.
Even if an advertiser’s products, services or activities involve multiple cryptocurrencies, the
advertisements themselves must not include verbal or visual references to specific
cryptocurrencies, other than Bitcoin and Ether/Ethereum.
No other categories of cryptocurrency-related advertising are acceptable. All advertising
in acceptable categories is subject to 1) the Guidelines, including completion of an RFI, as
described further below, and 2) an internal review of the creative. Advertising in acceptable
categories may be restricted from running in certain programming, at ABC’s sole discretion.
Advertising in which references to acceptable categories appear as secondary mentions will be
accepted at the sole discretion of ABC. All advertising must comply with all applicable federal,
state, and local laws, as well as all other applicable guidelines.
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Advertisers must submit all creative for pre-clearance sufficiently in advance of campaign
launch. Advertisers seeking placement on digital platforms must proactively request pre-
clearance review and approval. Self-serve and biddable programmatic advertising placements
in this category are not acceptable.
GUIDELINES
All advertisers must complete and submit a Request for Information and Certification of
Responses form (“RFI”) supplying information about the advertiser’s business. ABC reserves the
right to require additional information from the advertiser at its sole discretion.
Each of (i) the Advertiser, (ii) the Advertiser’s products, services, and activities to be advertised,
(iii) the site or app to which users are directed by the advertisement, and (iv) the advertisement
itself, must be in compliance with all applicable federal, state, and local laws and regulations
(and where applicable, laws of foreign jurisdiction).
Advertisers must have obtained all necessary federal and state registrations and licenses as
required to operate in compliance with all applicable laws.
Advertisements must not include verbal or visual references to specific cryptocurrencies other
than Bitcoin and Ether/Ethereum.
Advertisers must include in their advertising disclosures that are clear and conspicuous to a
reasonable consumer of information material to a decision to purchase their product or service,
such as how a product works, what is included or excluded with a service or offer, who is
eligible to receive a service or offer, and risks of using a product or service.
NFTs:
• Advertisers promoting NFTs must own or control the required intellectual property
rights to the NFTs being advertised as well as the associated digital or physical assets.
• The following advertising for NFT projects is not acceptable:
o Advertisements for NFTs that promote or mention the ability to obtain a
fractionalized ownership interest in the NFT.
o Advertising that promotes NFTs as an investment product or investment
opportunity, or that implies that NFTs will increase in value.
o Advertising that promotes any type of digital token or cryptocurrency along
with the NFT (e.g., “Buy X coins so that you get access to these NFTs.”)
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o Advertising that promotes future, but undefined, benefits that will come with
the NFT (e.g., “Purchase This NFT and Unlock a World of Benefits”).
o If the advertising promotes future, but undefined, benefits that will come
with the NFT (e.g., “Purchase This NFT and Unlock a World of Benefits”), such
benefits should be specified prior to purchase. If not, the advertising is
prohibited.
o Advertising that states or suggests that purchase of the NFT will fund a
project.
o Advertising that promises the NFT purchaser a share of future revenues or
interest in a royalty stream.
DEMONSTRATIONS
(See “Product Demonstrations”)
DIETARY SUPPLEMENTS, VITAMINS, AND RELATED PRODUCTS
STANDARD
The Dietary Supplement Health and Education Act (DSHEA) defines “dietary supplement” as an
ingestible that contains a dietary ingredient intended to supplement the diet. While not
permitting claims that a dietary supplement can treat, cure, or prevent any disease, DSHEA
does permit “structure/function” claims, which are claims that describe the helpful impact of
the product on the structure or function of the body. The Federal Trade Commission, which has
jurisdiction over the advertising of dietary supplements, has affirmed its requirement that all
claims must be fully supported with substantiation developed prior to the making of those
claims.
ABC will closely scrutinize advertising for dietary supplements that contains claims involving
serious health considerations, or that is directed to particularly sensitive groups.
Advertising for dietary supplements must generally carry the following (or similar) super, which
is also required for package labeling by DSHEA: “These statements have not been evaluated by
the FDA. This product is not intended to treat, cure or prevent any disease.” (See also “Medical
Product Advertising”)
GUIDELINES
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Claims made in vitamin or dietary supplement advertising must be supported by competent
and reliable scientific evidence. Studies submitted in support of any efficacy claims should be
conducted on the advertised product as sold to consumers. Studies on other products, other
formulations of the advertised product, or on the individual ingredients that compose the
advertised product, may provide helpful background information, but may not be sufficient to
support efficacy claims. Claims based on testing of an individual ingredient should be
appropriately qualified to reflect that they are specific to that ingredient.
Claims about the safety of dietary supplements, and claims that compare or equate dietary
supplements with OTC or Rx drugs, explicitly or by implication, are unacceptable. Likewise,
express or implied claims that vitamin or dietary supplements can replace or be equated with
foods or food values (e.g., when dieting), are unacceptable.
Claims of comparative efficacy are generally not acceptable. Superiority claims may not be
made on the basis of a quantity of vitamins (e.g., milligrams) greater than the Recommended
Daily Value. Claims of comparative formulation of individual micronutrients are acceptable
(e.g., “Twice as much Vitamin C as the leading brand”), so long as comparative efficacy is not
conveyed.
Vitamin or dietary supplement advertising should be directed to adults. Children may not
appear as spokespersons. Children may not be depicted dispensing vitamin or dietary
supplements to themselves or other children.
DIRECT RESPONSE ADVERTISING
Direct response advertising permits the consumer to order products or services by mail, phone,
or online. Such advertising must conform to all applicable legal and regulatory guidelines.
The price and additional charges (e.g., shipping and handling) must be disclosed in audio.
DRAMATIZATIONS, REENACTMENTS, AND SIMULATIONS
A dramatization is a fictionalized depiction created solely for the purpose of the advertising to
portray the event, product or service involved. A reenactment is a recreation of an actual event,
utilizing either the actual persons involved or actors portraying those persons. A simulation is
an imitative representation of the performance of a product. Advertising that utilizes any of
these techniques must include a clear disclosure identifying it as such. However, a “slice of life”
is an obvious fictionalized dramatization of a real-life situation and requires no disclosure.
Advertising which utilizes a reenactment or simulation must accurately depict the product or
service involved and, when warranted, testimonial affidavits may be required to support the
accuracy of the event portrayed.
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EMERGENCY ALERTS
The use of the Emergency Alert System (EAS) tone, Wireless Emergency Alert (WEA) tone, or
similar-sounding alerts or tones, in any broadcast advertising or programming is prohibited by
law.
ENDORSEMENTS
STANDARD
Endorsements must reflect the honest opinions, beliefs, findings, or experience of the endorser.
The endorser may be an actual consumer (including a celebrity), an expert, or an organization.
Endorsements may not convey any express or implied representations that would not be
substantiated if made directly by the advertiser.
GUIDELINES
All endorsements must comply with the Federal Trade Commission Guides Concerning the Use
of Endorsements and Testimonials in Advertising, 16 C.F.R. Part 255.
ABC reserves the right to request a statement signed by the endorser attesting to the
truthfulness of all their representations.
The following guidelines apply:
Definitions
An endorsement is any advertising message which consumers are likely to believe reflects
the opinions, beliefs, findings, or experience of a party other than the sponsoring advertiser.
Such opinions, beliefs, findings, or experience may be those of any individual, group, or
institution.
• An obviously fictional dramatization of a real-life situation (commonly referred to as a
“slice of life”) is not an endorsement. However, the use of both first and last names, or
other personally identifiable information, for fictitious consumers in an advertisement is
presumed to be an endorsement.
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• An announcer clearly serving as a spokesperson for the advertiser, speaking on behalf of
the advertiser rather than expressing their own opinions, is not an endorser.
General Considerations
• Endorsements must reflect the honest opinions or experience of the endorser and may
not contain any express or implied representations that could not be substantiated if
made directly by the advertiser.
• An endorsement may not be presented out of context or reworded so as to distort it. An
endorsement can be used only as long as the advertiser has good reason to believe that
the endorser continues to subscribe to the views presented.
• Where an advertisement represents that the endorser uses the endorsed product, the
endorser must be a bona-fide user. A testimonial affidavit may be required as support.
Consumer Endorsements
• A consumer endorsement should be representative of what a typical consumer will
generally experience. In the alternative, advertisers should clearly and conspicuously
disclose the generally expected performance in the depicted circumstances.
• Advertisements presenting endorsements by what are represented directly, or by
implication, to be “actual consumers” should utilize actual consumers or clearly and
conspicuously disclose that the persons in such advertisements are not actual
consumers of the advertised product.
Expert Endorsements
• Whenever an advertisement represents, directly or by implication, that the endorser is
an expert, the endorser’s qualifications must, in fact, give the endorser the expertise he
or she is represented as possessing.
• An expert’s endorsement must be supported by an actual exercise of expertise in
evaluating product features and consumer relevant attributes. This evaluation must
have included an examination or testing of the product at least as extensive as someone
with the same degree of expertise would need to conduct in order to support the
conclusions presented in the endorsement. To the extent that the advertisement
implies that the endorsement was based upon a comparison, such comparison must
have been included in the expert’s evaluation. Moreover, where the net impression
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created by the endorsement is that the advertised product is superior to the other
products, then the expert must, in fact, have found such superiority.
Endorsements by Organizations
Organizational endorsements must be reached by a process that fairly reflects the collective
judgment of the organization since these endorsements are viewed as representing the
judgment of a group whose collective experience is objective and exceeds the experience of
any individual member. If the organization is represented as expert, its endorsement must
meet the criteria on “Expert Endorsements,” described above.
Disclosure of Material Connections
Advertisers must fully disclose any connection between the advertiser and the endorser that
might materially affect the weight or credibility of the endorsement. This includes payment or
the promise of payment to an “actual consumer” (who is not an expert or celebrity) prior to,
and in exchange for, the endorsement.
ENVIRONMENTAL CLAIMS
Advertisers are expected to comply with the FTC’s Guides for the Use of Environmental
Marketing Claims. Any express or implied claims regarding an environmental attribute of a
product, package or service must have a reasonable basis. Particular attention should be paid to
certain descriptors, such as: “environmentally friendly/eco-friendly,” “ozone safe/ozone
friendly,” “green,” “recyclable,” “non-toxic,” “biodegradable,” and “compostable.” Such
descriptors must be appropriately qualified.
FANTASY SPORTS
(See “Gambling Related Advertising”)
FINANCIAL ADVERTISING
STANDARD
Advertising for banking services, cryptocurrencies and blockchain-related assets, brokerage
services, loan products and services, and similar services or investments is acceptable, provided
that all appropriate and material restrictions, risk factors, and qualifications are disclosed, and
that the advertising conforms to all applicable laws. Whenever advertising includes prior
investment results, a statement should be included that past results are not an indication or
guarantee of similar results in the future. Predictions about future investment results are not
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permitted. Online investment services must disclose material restrictions unique to their
product or service (e.g., that response times for executing orders may depend on market or
other conditions).
GUIDELINES
Banking Services
Banking services, credit cards, etc., may be advertised, provided that appropriate disclosure is
made of all relevant material terms, restrictions, and penalties.
Stocks and Bonds
Advertising for specific stocks and bonds is not acceptable. Similarly, advertising of specific
investment advice, “stock tips,” initial public offerings (“IPO”) and pre-IPO related products is
not acceptable.
Cryptocurrency, NFTs, & Other Blockchain Products and Services
(See Section, “Cryptocurrency, NFTs, & Other Blockchain-Based Digital Assets”)
Loan Products
Advertising for mortgages, loans, and debt-relief services will be considered on a case-by-case
basis. Advertisers must provide documentation that they are licensed to operate in the state(s)
in which they are advertising. The ads must also contain all applicable terms related to the
offered product or service (e.g., interest rates, fees, etc.).
FIREARMS, AMMUNITION, AND FIREWORKS
Advertising for firearms and ammunition is not acceptable. The use of firearms as props in
advertising for other products is generally not acceptable.
The advertising of fireworks is not acceptable.
FOOD
STANDARD
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Advertising may not overstate the health or nutritional value of foods. Use of words such as
“nutritious,” “healthy,” “all natural,” “organic,” etc., must be substantiated and may not be
used to exaggerate or distort the value of the food. Health and energy claims for foods and
food ingredients will be considered on a case-by-case basis. Such claims must be fully
substantiated and presented in the context of a complete diet. All food advertising must comply
with the provisions of the Nutrition Labeling and Education Act of 1990 (NLEA), and regulations
issued by the FDA and USDA.
GUIDELINES
Nutrient content descriptors (e.g., “low fat,” “calorie-free,” “good source,” “reduced,” and
“light”) must comply with the applicable NLEA definitions for those terms.
Foods advertised as meal substitutes are considered on a case-by-case basis and evaluated
from the perspective of the completeness of the nutrition provided. Unless a food provides the
nutritional equivalent of a balanced meal, food advertised as a meal substitute may only be
presented as an occasional replacement for meals when a person is unable to eat properly; and
may not be positioned as a permanent part of the daily diet.
Food possessing reduced or low levels of an ingredient should not be advertised to suggest that
the food can be consumed in large amounts without consequences. Any implication of
immoderate consumption is not acceptable.
Health claims will not be acceptable in those instances where a product possesses both healthy
and unhealthy components which bear on the claim being made (e.g., a product containing no
cholesterol cannot advertise itself as healthy or helping to prevent heart disease when that
product is also high in sodium).
FOREIGN LANGUAGE
A commercial may generally contain statements in a foreign language provided that: (1) the
literal and accurate translation of such statements is included in clearly legible English subtitles;
(2) the advertiser provides S&P with an official translation; and (3) all claims relating to the
advertised product and/or service are made in English.
“FREE,” Use Of
The word “free” is recognized as a strong inducement in advertising copy.
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An offer may be described as “free,” provided that all conditions for obtaining the “free”
product or service are clearly and conspicuously disclosed, and the advertising complies with
Federal Trade Commission Guidelines covering “free” offers.
GAMBLING RELATED ADVERTISING
SPORTS BETTING ACTIVITIES
On linear television and radio networks that are distributed on a national basis, advertising for
sports betting will be permitted on a national basis, subject to compliance with these
Guidelines.
On linear television and radio networks or stations that are distributed on a local or regional
basis, advertising for sports betting should be restricted to markets that include states where
sports betting is legal, but ABC reserves the right to decline such advertising in its discretion if
the market also includes state(s) in which sports betting is not allowed.
Sports betting advertising on digital sites and streaming services must be geo-fenced to only
states where sports betting is legal.
In addition:
• All advertising is subject to applicable league restrictions;
• All advertising copy and/or disclaimers should make clear that betting activity is
restricted to states where such activity is legal and the advertiser is licensed to conduct
such activity;
• All proposed sports betting advertisers should obtain internal approval prior to
acceptance of any advertising;
• All proposed creative is subject to internal review and approval by Advertising Standards
and Practices in advance of campaign launch. Self-serve and biddable programmatic
advertising placements in the sports betting category are not acceptable;
• Advertising for a property that includes a sportsbook (e.g., casino, racetrack) should
observe all applicable sports betting restrictions if the advertisement includes any
references (audio or visual) to sports betting;
• Advertising, advertisers and the product(s) or service(s) advertised must adhere to all
applicable state and federal laws and regulations;
• No “bounties,” cost-per-conversion or other revenue share permitted;
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• Any proposed integration of advertising or links into digital or streaming content will be
considered on a case-by-case basis to ensure legal and regulatory compliance; and
• Sports betting advertisements will not be permitted in youth-oriented programming.
SUBMISSION AND APPROVAL MINIMUM REQUIREMENTS:
Documentation Required:
• Documentation evidencing a current license within applicable state(s) of operation; and
• Full Terms & Conditions for all contests, deposit bonuses and/or other promotions
specified in advertising content.
Minimum Creative Guidelines:
• Advertising should not refer directly or indirectly to college sports;
• Advertising should not include unauthorized intellectual property (e.g., logos,
trademarks, color schemes), or imply sponsorship or endorsement by any league or
team;
• Advertising should not contain any flashing call-to-action or other overt solicitation of
betting, or contain information that assists in the placing of a bet or how to
consummate a bet;
• Advertising should clearly communicate the legal state(s) of operation (e.g., “Only in..””)
in a manner that is visible before users access any URL, link or QR code;
• Advertising should disclose material terms for special promotions, and deposit bonuses
should not be described as “free” if conditioned on payment;
• Advertising should clearly communicate minimum age requirements to wager and
include responsible gaming messaging in each case in accordance with applicable law
and industry standards;
• Disclaimers within advertising should be prominent and clearly separated as distinct
disclaimers; and
• URLs, links or QR codes included in sports betting advertising will be considered on a
case-by-case basis. Additionally, the use of a QR code should not take the viewer to a
webpage that is exclusively for the purpose of placing a bet.
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DAILY FANTASY
• Advertising for daily fantasy platforms will be permitted provided that:
o Such advertising should clearly communicate a daily fantasy game. Promotion of
season-long products is not permitted.
o Such advertising should not promote live scoring or general news and
information content.
o Such advertising should not promote player values or salaries.
o Such advertising otherwise complies with these guidelines.
SCHEDULING RESTRICTIONS:
Advertising for brick and mortar casinos, sports betting, and daily fantasy platforms, including
advertising with secondary references to such products and services, that is otherwise
determined to be acceptable under this section may air only in sports and entertainment
programming subject to the following scheduling restrictions:
• Acceptable in sports programming except college and youth-oriented sports
programming.
• Acceptable in Entertainment and News programming airing post-10PM ET (9PM CT).
• Not acceptable in entertainment programming airing before 10PM ET (9PM CT),
Wonderful World of Disney programming, G-Rated programming, or family-friendly
content.
ADDITIONAL CURRENT RESTRICTIONS FOR SPORTS BETTING AND DAILY FANTASY IN
COLLEGE SPORTS PROGRAMMING:
The following additional restrictions apply for sports betting and daily fantasy ads in College
sports programming (and other sport categories, subject to league policies and
at ABC’s discretion):
• Advertising is not permitted to run in-game during any live or taped broadcast, or during
licensed studio programming;
• Advertising within non-licensed studio programming (e.g., College Game Day, pre-game
and post-game shows) will be assessed on a case-by-case basis and may be subject to
hourly caps;
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• Advertising is not permitted to run during video pre-roll to highlights clips;
• Direct sponsorship of sport category may be permitted on a case-by-case basis pending
league approval;
• Creative may not promote or depict betting on college sports; and
• Additional programming restrictions subject to ABC’s discretion.
Digital:
Sports betting and daily fantasy ads are prohibited in licensed video on digital, mobile, and
social platforms, including pre-roll and streaming. However, digital display is permitted ROS.
Audio:
Ads for sports betting are restricted from live broadcasts of restricted programming. Talent
reads for such ads are permitted as strictly copy reads only; talent endorsement language is not
permitted in any form. Prior approval of the script/copy is required.
CASINOS
ABC may accept advertising for offline casinos or other physical places of gambling (including
travel services or tourist destinations that directly or indirectly promote gambling) operating in
states where such activity is legal, subject to the broader Standards & Guidelines within and the
following:
• If the advertisement promotes sports wagering or race book services, then applicable
guidelines herein should be followed.
• Advertisements for offline casinos may promote the gambling amenities of the offline
casino and may include visual or audio references to gambling or gambling
paraphernalia (e.g., dice, roulette wheels, “slot machine” type graphics).
• Such advertising for offline casinos will be subject to any restrictions or prohibitions
required by [Sports] programming rights-holders during applicable programming.
OTHER GAMBLING (Lottery, Poker, Horse Racing, etc.)
Generally: Other than as noted in these Advertising Standards & Guidelines, Disney/ABC does
not accept advertising constituting or relating to a lottery, a contest of any kind in which the
public is unfairly treated or any enterprise, service or product which would tend to encourage,
aid, abet, assist, facilitate or promote illegal or legal gambling, including without limitation
sports betting tout services and unregulated forms of wagering (e.g., so-called “skill-based
gaming”).
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Other Legalized Intrastate Wagering Activities:
Advertising for state operated lotteries (including lotteries conducted over the Internet) or
state-licensed iGaming or online casinos (e.g., pay-to-play poker/casino websites) will be
permitted only in local television and radio markets and on digital sites and streaming services,
provided that: (a) the wagering activities are geo-gated strictly to within states where it is legal,
(b) the advertising copy and/or disclaimers make clear that the wagering activity can only take
place within states where it is legal, (c) TV/Radio advertising should be restricted to markets
that include states where the advertiser’s advertised betting activity is legal, but ABC reserves
the right to decline such advertising in its discretion if the market also includes state(s) where
the advertiser’s advertised betting activity is not allowed, and (d) digital/streaming advertising
should be geo-fenced to reach only states where the activity is legal.
GUARANTEES OR WARRANTIES
STANDARD
References to guarantees, warranties, or similar terms in advertising copy must comply with all
applicable laws and governmental rules and regulations, including the Magnuson-Moss
Warranty Act and the rules promulgated by the Federal Trade Commission.
Advertisers should generally disclose whether an advertised warranty is “full” or “limited,” its
duration, and any major limitations of the warranty, such as parts excluded or costs or
responsibilities the customer must undertake. Disclosure should also be made that the rest of
the warranty can be seen at the store, e.g., “See dealer for details,” or the like.
GUIDELINES
The following guidelines apply to advertising referencing a guarantee, warranty, or other
promise or representation in the nature of a guarantee or warranty:
• A copy of the actual written guarantee or warranty should be submitted to S&P.
• In general, any commercial referencing a guarantee or warranty must either clearly and
conspicuously disclose that the guarantee or warranty is available for presale inspection
before purchase or disclose the material terms and limitations of the warranty. This
disclosure can be presented in either the audio portion or in the video portion as a
printed disclosure provided that the video disclosure appears on screen for at least five
seconds. The disclosure must be made simultaneously with, or immediately following,
the warranty claim.
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• “Satisfaction or your money back”
o “Satisfaction or your money back,” “30-day free trial,” or similar
representations will be construed as a guarantee that the full purchase price
will be refunded at the option of the purchaser. Any material conditions,
such as return of the product within a specific period after the purchase date,
must be disclosed, as provided above.
• Guarantee as a Representation
o A guarantee can be employed in advertising to constitute a claim. An
example is:
“Guaranteed to improve gas mileage when added to your car’s tank.” In such
a case, the guarantor must not only undertake to perform under the terms of
the guarantee and provide the disclosure required, but also must
substantiate any express or implied claims.
INTERSTITIALS / INTEGRATIONS
An interstitial or integration is a hybrid creative that combines commercial and program
elements. The creative will be reviewed by S&P and other relevant in-house corporate partners
to ensure its compliance with all applicable requirements.
INTIMACY, PERSONAL CARE, CONTRACEPTIVE & FERTILITY PRODUCTS
Advertising for intimate, personal care, contraceptive and fertility products is acceptable on a
case-by-case basis. Such advertising should be presented in a sensitive and tasteful manner and
will be subject to scheduling restrictions as noted below.
CONTRACEPTIVES
Advertising for contraceptive products and medications may be acceptable in Good Morning
America, Daytime, Sports and post 9PM ET (8PM CT) entertainment programming.
Contraceptive advertising is not acceptable in The Wonderful World of Disney and G-rated or
other family-friendly programming. Such advertising may be considered on a case-by-case basis
in 8-9PM (ET) programming upon evaluation of the proposed advertisement as well as the
program into which the advertisement is to be placed. Advertising for condoms that is
otherwise acceptable will generally be restricted to airing in post 11:30PM ET programming.
In determining the acceptability and scheduled time of the proposed advertisement, S&P will
take into account the content and tone of the ad, the nature of the product being advertised,
and relevant industry practice. In determining the suitability of the program into which the
advertising would be placed, S&P will take into consideration the nature, content and tone of
the program and its audience composition (including the likelihood of co-viewing by minors).
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INTIMACY PRODUCTS
Intimacy products may be accepted on a case-by-case basis. Acceptable advertising for such
products will be restricted to post-9PM ET (10PM CT). Depending on the content of the
creative, additional restrictions may apply. In determining the acceptability and scheduled time
of the proposed advertisement, S&P will take into account content and tone of the program
and its audience composition (including the likelihood of co-viewing by minors), the nature of
the product being advertised, and relevant industry practice.
PERSONAL CARE PRODUCTS
Advertising for tampons, sanitary pads, feminine hygiene, and related personal care products is
generally acceptable. Scheduling restrictions may be applied depending on the nature of the
product, and the content and tone of the commercial. Advertising for such products is generally
not acceptable in Wonderful World of Disney and G-rated or other family-friendly
programming.
FERTILITY PRODUCTS/IMPOTENCE DRUGS
Advertising for fertility products and impotence drugs may be acceptable in Good Morning
America, Daytime, Sports and post 9PM ET (8PM CT) entertainment programming. Advertising
for these products is not acceptable for Wonderful World of Disney and G-rated or other
family-friendly programming.
PREGNANCY TESTS
Advertising for pregnancy tests is acceptable but will generally not be scheduled in Wonderful
World of Disney and G-rated or other family-friendly programming.
LIVE, Use Of
Use of the word “live” to describe creative content that is not live is unacceptable.
LOTTERIES
A lottery is a game which contains: a) the expenditure of “consideration” to enter; b) chance;
and c) a prize. All three elements must be present for the contest to be a lottery under federal
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or state law. The broadcast of any advertisement or information concerning a lottery is a
criminal offense under 18 U.S.C. § 1304, except for official lotteries permitted by state law.
(See also “Contests” and “Gambling and Related Advertising”)
MEDICAL PRODUCT ADVERTISING - OTC Products and Medical Devices
STANDARD
Advertising for Over the Counter (“OTC”) drugs and medical devices should provide factual
information about such products, avoid overstatements of their capabilities, and advise
consumers to read and follow label directions (e.g., “Use as directed.”). Advertising should be
confined to those symptoms and conditions for which the product is indicated.
Comparative safety claims in medical product advertising raise special concerns. All OTC
medications are regulated by the FDA and are generally recognized as safe for the vast majority
of the public when used as directed. However, virtually all can have potential side effects when
used by individuals under certain circumstances. Virtually all contain warnings and many direct
affected consumers to consult with a healthcare professional before use. As a result, only those
comparative safety claims which are substantiated, and which do not have the potential to
alarm, confuse, or mislead the public, will be acceptable.
ABC will not accept advertising for a product which fails to comply with applicable
governmental regulations, or which is otherwise contrary to the public interest.
The use of healthcare professionals and/or actors representing them is generally not permitted
in advertising where health or medical claims are made for OTCs and other products that do
not require a doctor’s intervention. Appropriately qualified references to healthcare
professionals may be permitted when such references are substantiated by independent
evidence in a manner and to an extent consistent with the spirit of the rule. Such exceptions
may be considered in cases where the appearance of the healthcare professional is supported
by documentation that is tantamount to a consensus within the relevant medical community.
(See also “White Coat Rule”)
For specific guidance on prescription drug advertising, see “Prescription Drugs.”
GUIDELINES
The following guidelines apply to advertising of all OTC drugs and medical devices and to
advertising of other products that contain health or medical claims (e.g., dietary supplements):
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• An overt reference to use the product in accordance with its labeling directions must be
included (e.g., “Use as directed”).
• Before and after depictions of product-use should indicate an adequate time lapse if the
product does not provide immediate relief.
• Advertising should not portray a casual attitude toward the use of a medication.
Advertising should not present the use of a medication as a solution to personal or
everyday problems.
• An OTC medication may not be equated with a prescription product except where
products are labeled for the same medical indications and there is adequate evidence to
substantiate the comparison. In addition, an “Ask your doctor” reference should be
included when the name of the prescription product is referenced. A reference to the
heritage of an OTC product, which was previously available only by prescription, is
permitted without such reference.
• The words “safe,” “harmless,” “without risk,” or any words or phrases with similar
meaning may be used only when qualified and when appropriately supported.
• Advertising should not dramatize distressing symptoms or morbid situations associated
with specific illnesses or diseases, nor should it describe internal or external functions of
the body in an objectionable manner. Representations which overstate the symptoms
for which the product is indicated are unacceptable.
• The on-camera ingestion of OTC products is generally unacceptable but will be
considered on a case-by-case basis.
• Products should be advertised for occasional use only. Representations of chronic use
are not permitted.
• Children 12 and under are not permitted in commercials promoting a product for adult
use except for incidental background appearances. A child may appear in a commercial
advertising a medication formulated for children provided adult/parental supervision is
clearly established.
• A claim that the advertised product is “clinically proven” effective should be supported
by at least two clinical studies. The studies must have been conducted on the advertised
product as sold. In cases where only one clinical trial is available, the claim should
explicitly refer to a single clinical study (e.g., “a clinical test suggests…”).
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MOTION PICTURE, STREAMING, AND HOME ENTERTAINMENT ADVERTISING
GUIDELINES
• All advertising for domestic motion pictures and home entertainment (post theatrical
release) must carry either a Motion Picture Association (“MPA”) rating or clearly and
conspicuously disclose that such rating has not yet been assigned.
o The MPA rating for motion pictures must be clearly disclosed in audio and
video. If the film has not yet been rated, that must be clearly disclosed in
video or audio and video. For video advertising, the MPA rating, or disclosure
that a film has not yet been rated, may be in video only, provided that it is
large enough to be read by the viewer.
o Non-theatrical advertising that contains bonus footage (e.g., director’s
commentary, deleted scenes, bloopers, games, etc.) that is not rated must
disclose such in video.
o Advertising for video of unrated versions of motion pictures (e.g., director’s
cuts, uncensored versions, etc.) is acceptable provided that the advertising is
appropriate and clearly discloses that the product is unrated. For scheduling
purposes, these videos will generally be considered as though they earned a
rating one rating higher than the MPA rating of the theatrical version. For
example, advertising for an unrated version of a PG-13-rated motion picture
would be limited to R-rated scheduling.
o Commercials with secondary product mentions promoting a motion picture
must clearly disclose the MPA rating in video, or audio and video.
• Advertising for NC-17-rated motion pictures will be considered on a case-by-case basis.
NC-17-rated motion pictures must be screened prior to acceptance of the advertising. If
otherwise acceptable, the MPA rating in its entirety must be included in the advertising
in both audio and video (“NC-17, No Children Under 17 admitted”). The advertising
must both accurately reflect the content of the film and conform to ABC’s standards of
acceptability for a mass audience.
• Advertising that features review quotes with the reviewer’s name and affiliation in video
are generally acceptable but may be subject to scheduling restrictions. Audio references
to or the logos of competing media will be subject to the Competing Media guidelines
within. Quotes must be representative in context.
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• Scheduling of advertising for motion pictures and video will take into consideration the
composition of the audience and the compatibility of programming. If the content of the
commercial and the overall theme of the motion picture are acceptable, the following
scheduling restrictions apply:
o Advertising for R-rated motion pictures is restricted to scheduling within
America This Morning, Good Morning America, Daytime, Sports, and post-
9PM ET (post-8PM CT) entertainment programming. R-rated motion pictures
are specifically precluded from pre-9PM ET (pre-8PM CT) entertainment
programming, and are not acceptable in Wonderful World of Disney and G-
rated or other family-friendly programming.
o Advertising for not yet rated motion pictures will be limited to R-rated
scheduling until a rating has been designated by the MPA. Exceptions will be
granted upon receipt of a responsible representation from the client that the
movie will likely be assigned a rating of PG13, PG, or G.
o Advertising promoting the unrated version of motion pictures on video will
generally be considered as though they earned a rating one rating higher
than the MPA rating of the theatrical version. In addressing this issue, S&P
will review and consider the content of the additional unrated footage.
o Advertising for NC-17-rated motion pictures will be considered on a case-by-
case basis and, if otherwise acceptable, will be scheduled no earlier than
10:30PM ET (post 9:30PM CT). For any live telecast, advertising for NC-17-
rated motion pictures, if otherwise acceptable, shall not be permitted to air
before 12:00AM ET (9:00PM PT).
o Commercials featuring a motion picture or video as a secondary mention
may be subject to the scheduling restrictions appropriate for the rating of
that motion picture.
“NEW,” Use Of
Use of the term “new” is limited to no more than six months from the time a product achieves
substantial distribution in the relevant market. Terms such as “introducing,” “now,” and the like
are generally limited to no more than one year from when substantial distribution is achieved in
the relevant market.
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NEWS and RELATED TECHNIQUES (including simulation of)
Advertising may not contain language, visual techniques, or sound effects associated with
newscasts when such advertising is likely to confuse or alarm the audience, or trivialize actual
newscasts. Examples of language and techniques that are unacceptable include: “Breaking
News,” “Bulletin,” “Flash,” “Live,” “Special Report,” “We interrupt this program to bring you...,”
horizontal crawls at the bottom one-third of the screen, and teletype sound effects. Such
techniques are reserved specifically for news broadcasts.
Use of newsroom settings, simulated interviews, or newscasts in commercials will be
considered on a case-by-case basis, with approval contingent on the determination that
viewers would not confuse the commercial with an actual news broadcast. Requests for
scheduling of such commercials in news programming will be reviewed by S&P and ABC News
Standards.
Advertising within News programs may be restricted if the subject matter of the commercial is
also the subject of a news item in that broadcast.
ONLINE DATING SERVICES
Advertising for online dating services will be considered on a case-by-case basis. Generally, ads
for dating sites that have a sexual emphasis, or that contain sexually explicit or suggestive
material, would not be acceptable.
PET FOOD
Advertising claims for pet food must accurately represent the product’s composition, quality,
identity, and nutritional properties so that consumers may make responsible decisions. (See
“Claim Substantiation”) An express or implied message that a pet food is suitable for human
consumption is unacceptable.
POLITICAL ADVERTISING
ABC accepts advertising submitted by political candidates, those authorized by candidates to
buy time on their behalf, and political parties. Acceptance of political advertising is governed by
the “equal opportunities,” “lowest unit rate,” “reasonable access,” sponsor identification, and
other provisions of federal and state law. Questions regarding the scheduling and/or content of
political advertising will be addressed in consultation with the Legal Department. The content
and requirements of the “ABC Television Network Political Sales Policies” is hereby
incorporated by reference. (See also “Controversial Issues”)
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PREMIUMS AND OFFERS
ABC reserves the right to reject any premium which is deemed to be of lesser value than stated
or is unsafe or detrimental in any way to the consumer.
In general, material details of an offer (i.e., eligibility requirements, termination dates, and
requirements for fulfillment) should be clearly and completely detailed or easily accessible to
the viewing public. For offers involving home delivery, the time necessary for the viewer to
receive the premium or offer must be reasonable and conform to applicable Federal Trade
Commission Guidelines.
PRESCRIPTION DRUGS
STANDARD
The Food, Drug, and Cosmetic Act (“FDCA”) sets forth disclosure requirements for consumer
directed prescription drug advertising on television. ABC will accept consumer directed
prescription drug advertising provided that it complies fully with the provisions of the FDCA, as
well as any other applicable regulations or guidance issued by the Food and Drug
Administration (“FDA”).
Prescription drug advertising should support the doctor-patient relationship, should not
encourage self-medication or the use of prescription drugs without consulting with a physician,
and should not glamorize the product or otherwise encourage excessive or inappropriate drug
use. ABC will not accept advertising which fails to fully comply with applicable governmental
regulations or which is otherwise contrary to the public interest.
Advertising for indications other than those designated as “safe and effective” by the FDA is
unacceptable.
GUIDELINES
The FDCA requires that television advertising for prescription drugs that references an
indication for use, dosage recommendations, or otherwise identifies the drug as an effective
treatment for a specific disease, must carry a Major Statement and Adequate Provision.
Additionally, there must be a “fair balance” between the Major Statement and the advertised
benefits of the drug. (21 C.F.R. § 202.1)
The “major statement,” “adequate provision,” and “fair balance” requirements are generally
not triggered when: (1) advertising only raises public awareness of a disease or condition
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without identifying, directly or by implication, the name of a prescription product; or (2)
advertising only calls attention to the name of a prescription product without mentioning,
directly or by implication, its indications for use or the condition that it treats.
• Major Statement:
o The “major statement” is a statement of the product’s most important risk
related information.
o The Major Statement must be clearly disclosed, using consumer-friendly
language, in audio or audio and visual parts of the advertisement.
o The advertiser must produce satisfactory evidence that its “major statement”
has been reviewed by the FDA’s Office of Prescription Drug Promotion
(“OPDP”), or, in the alternative, produce an affidavit executed by the
advertiser’s legal counsel stating that the “major statement” is compliant
with the FDCA.
• Adequate Provision:
o The “adequate provision” communicates where the viewer can obtain the
product’s approved labeling and detailed information in connection with the
ad.
o The “adequate provision” requirement includes, but is not limited to:
providing a toll-free telephone number; referring to print ads; providing a
website; and/or including a statement referring patients to their healthcare
provider, where they may obtain detailed product information including
access to the approved product labeling.
• Fair Balance:
o The content and presentation of the advertised drug’s most important risks
must be reasonably similar to the content and presentation of it benefits.
GENERAL CONSIDERATIONS
• Advertising should not portray a casual attitude toward the use of a medication and
should not represent the use of a medication as a simple solution to personal or
everyday problems.
• Care must be taken that advertising does not raise false hopes or expectations, use
scare tactics, or otherwise prey on people’s fears and insecurities.
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• Commercial copy should not dramatize distressing symptoms or morbid situations
associated with specific illnesses or diseases, nor should it describe internal or external
functions of the body in an objectionable manner.
• The on-camera ingestion or administering of prescription products will be considered on
a case-by-case basis.
• Children (12 and under) are not permitted in commercials promoting a prescription drug
product for adult use, except for incidental background appearances. A child may
appear in a commercial advertising a prescription drug formulated for children provided
adult/parental supervision is clearly established.
• No prescription drug advertising may be scheduled in or adjacent to children’s
programming.
• All prescription medications are regulated by the FDA and are generally recognized as
safe when prescribed by and taken under the supervision of a physician. ABC will
examine comparative safety claims with the utmost care. Only those comparative safety
claims which are substantiated, and which do not have the potential to alarm, confuse,
or mislead the public, will be acceptable.
• The words “safe,” “harmless,” “without risk,” or any words or phrases with similar
meaning may be used only when appropriately qualified and when satisfactory
substantiation is provided.
• Advertising an indication for a product which has not been designated as safe and
effective by the FDA (e.g., “off-label” use) is not acceptable.
PRIVACY AND PUBLICITY RIGHTS
S&P may request that advertisers provide assurances that they have obtained all necessary
releases for the use of any music; of any person’s name, voice, likeness, or picture; or of any
company or organization name or logo for trade or advertising purposes as may be required
under the right of publicity, copyright, trademark, or other law. (See also “Endorsements”)
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PRODUCT DEMONSTRATIONS
STANDARD
Demonstrations of product attributes must be performed with actual examples of the product
as available to consumers, and the results must be accurately represented. The use of mock-ups
or enhanced or altered products is not permitted. (See also “Claim Substantiation”)
GUIDELINES
Demonstrations in advertising should accurately reflect how the product performs when used
by consumers. However, advertisers may simulate actual consumer use conditions (e.g., a
laboratory simulation of clogged drains or kitchen countertop grease) if they: (1) provide clear
and convincing evidence that the simulation accurately reflects the product’s performance
under actual consumer-use conditions, and (2) establish the impracticality or impossibility of
demonstrating a product’s performance under actual consumer-use conditions.
Producers may be required to provide ABC with an affidavit attesting to the accuracy of all
product demonstrations and should be prepared to produce records of the circumstances and
results of the demonstration upon request.
Material facts which are essential to a full understanding of the significance of the
demonstration (e.g., actual time elapsed) must be disclosed.
PROFESSIONAL ADVERTISING
Advertising for the services provided by duly accredited lawyers, doctors, and other generally
recognized professionals may be acceptable, provided it does not overstate the benefits of the
advertised service. Advertising that speaks to specific products is generally unacceptable, but
will be considered on a case-by-case basis. All such advertising must comply with the ethical
standards and requirements of the relevant profession. Copy which overly plays upon a
viewer’s fears or insecurities, or which creates false or overly optimistic expectations is not
acceptable.
PROGRAM-LENGTH COMMERCIALS
All express and implied claims should be appropriately supported. (See “Claim Substantiation”)
Special attention must be paid to sponsor identification requirements. At a minimum, each
program-length commercial of 15 minutes or more must display visually, in a clear and
prominent manner, within the first thirty seconds of the program-length commercial and
40
immediately before each presentation of ordering instructions for the product or service, the
following disclosure:
“THE PROGRAM YOU ARE WATCHING IS A PAID
ADVERTISEMENT FOR [THE PRODUCT OR SERVICE].”
PSYCHIC SERVICES
The advertising of astrology, character reading, fortune-telling, mind reading, numerology,
occultism, palm reading, phrenology, or similar subjects is generally not acceptable but may be
considered if presented for the purpose of entertainment only. Advertising for these pseudo-
sciences must neither state nor imply that they have any scientific basis or can be relied upon
as factual or true.
PUBLIC SERVICE ANNOUNCEMENTS
STANDARD
Public service announcements (PSAs) are meant to inform the public of the work of charitable,
governmental, and non-profit organizations and other services available to the public. PSAs
must fully comply with all applicable ABC policies and government laws/regulations.
Such announcements must reflect the true nature of the organization identified with the
announcement, and all claims must be substantiated. PSAs must be consistent with the
objectives of the sponsoring organization and must be in the public interest. PSAs must be
tastefully presented and of appropriate production value.
Discussions of controversial issues of public importance and religious doctrine are not
permitted in public service announcements.
The identity of the sponsor must be clearly set forth in the commercial, and in the case of paid
PSAs, the fact that the message was “paid for” or “sponsored by” the sponsor must be
disclosed.
No commercial products, services, or corporate names may be shown or referenced in PSAs.
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GUIDELINES
Organizations Seeking Donated Airtime:
• All such service announcements are subject to review and approval of Disney’s
Corporate Communications.
• Organizations requesting to run a PSA during air time donated by ABC must be non-
profit or governmental. Requesting organizations are reviewed by Disney’s Corporate
Citizenship Group to ascertain their non-profit status, objectives, activities, and financial
policies. Generally, ads from trade or professional associations are not acceptable, as
they are often self-serving and frequently repetitive of other public service messages.
• Non-profit organizations should be in compliance with the guidelines of the Council of
Better Business Bureaus’ Wise Giving Alliance. (See www.give.org)
• As a general matter, the organization and its message must be national in scope and
serve the needs of an extensive part of the United States.
• Controversial issue messaging is generally not acceptable in this space.
• Direct solicitation of funds is not acceptable in PSAs where the airtime is being donated
by ABC.
Sale of Commercial Time for Public Service Announcements
• Paid commercials with a public service message are permitted on a case-by-case basis.
• Organizations and advertising must meet the same standards that otherwise apply to
PSAs.
• The identity of the sponsor must be clearly set forth in the commercial as well as the
fact that the message was “paid for” or “sponsored by” such sponsor.
• Absent special public interest considerations, overt solicitation of funds are not
acceptable.
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PUBLIC SYMBOLS
STANDARD
Heads-of-state, other public officials, religious leaders, and public buildings and/or monuments
must be treated with appropriate respect and dignity when mentioned or depicted in
advertising.
GUIDELINES
• Unless authorized in writing by the Office of the White House Counsel, the use of the
name or likeness of the President or Vice President of the United States and their
families, as well as the Presidential Seal, is generally not acceptable for advertising
purposes.
• Unless expressly permitted by its duly authorized representatives, the use of the White
House in advertising is generally not acceptable. Other national buildings and
monuments may be used in advertising provided the use is incidental to the advertiser’s
promotion of a product or service and is in good taste.
• ABC recognizes the “Flag Code,” which serves as a guide to the use of the American Flag,
and state statutes governing the American Flag’s use in advertising. As a general rule,
the appearance of the flag may be acceptable in advertising provided that it is treated in
a dignified manner and displayed with proper respect, is incidental to the main thrust of
the commercial and in a natural setting, and is not employed in an attempt to enhance
the advertised product or service. Rules governing the use of flags of foreign countries in
advertising vary from country to country. Advertisers are required to provide evidence
from a country’s consular service to support the use of that country’s flag. Use of the
United Nations flag in connection with advertising is not permitted.
• Religious leaders may not be mentioned or depicted in any advertising without their
consent.
• Absent special public policy considerations, the National Anthem of the United States
and “Hail to the Chief” are not permitted in advertising. However, music of a traditional
or patriotic nature is permitted in advertising, provided it is used with dignity.
• Use of official military uniforms or vehicles is permitted subject to prior approval of the
Department of Defense.
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QR CODES
The use of QR Codes may be acceptable provided that the code serves only as a “quick-link” to
a website under the control of the advertiser or its agent. The advertiser will be responsible to
assure and confirm that no personally identifiable or other sensitive viewer information is
accessed, saved, or stored through the use of the QR code. ABC reserves the right to request
additional information about the use of the QR Code in a particular creative, including the
administration of the QR Code, the purpose of its use, and the designated landing page.
RELIGIOUS THEMES
ABC does not accept advertising that presents religious doctrines, includes religious themes,
sells religious publications or solicits funds.
SAFETY / DANGEROUS BEHAVIOR
STANDARD
Advertising should depict the proper use of required or recommended safety gear and
equipment. Advertising that disregards standard safety precautions; or promotes or depicts
unsafe or illegal acts is unacceptable. ABC will request appropriate disclosures when deemed
necessary (e.g., “Professional driver;” “Do not attempt”).
GUIDELINES
• Commercials depicting the use of recreational equipment such as bicycles, in-line skates,
skateboards, etc., must show users practicing proper and lawful safety protocol and
using appropriate gear.
• Safe and lawful driving practices should be depicted at all times, including but not
limited to, not using cell phones or otherwise not being distracted. Seatbelts should be
worn (unless in an historic setting or in period footage).
• Children shall not be represented, except under proper adult supervision, as using or
being in proximity to a product or a situation recognized as potentially dangerous to
them.
SEXUALLY EXPLICIT PUBLICATIONS, PRODUCTS, AND SERVICES
ABC does not accept advertising for sexually explicit publications, products or services.
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SOLICITATION OF DONATIONS
Generally, direct solicitations of funds in advertising are not acceptable. (See also “Public
Service Announcements”)
SPONSORSHIP IDENTIFICATION
Advertising must contain proper sponsorship identification pursuant to the Communications
Act and rules and policies of the Federal Communications Commission. (47 C.F.R. § 73.1212).
In the case of advertising for commercial products or services, the announcement or display of
the sponsor’s corporate or trade name, or the name of the sponsor’s product, may be sufficient
when it is clear that the mention of the name of the product constitutes sponsorship
identification. Only one such announcement or display need be included in a standard
commercial advertisement.
In the case of a political advertisement, paid advertising by a trade association or a charity, or a
public service announcement (or advertisement which the audience might take to be a public
service announcement) for which the air time is purchased, the sponsorship identification
announcement must contain the term “paid for” or “sponsored by” and must adequately
disclose the true identity of the person, committee, or other entity furnishing the
consideration.
Sponsorship identification may be made in audio or video. Any portion in video should be clear
and conspicuous. (See “Supers”)
A reference to the advertiser’s URL generally does not constitute adequate sponsor
identification, unless it is the official name of the sponsoring entity.
SPORTS INSTITUTIONALS
STANDARD
Sports Institutionals are announcements provided by a sporting league or governing body (e.g.,
NBA, NFL, PGA, etc.). These messages air during program time as part of arrangements
negotiated by the Sports Programming, Sales, and Legal Departments. Institutionals may
include commercial material or public service announcements that are: (1) intended to
advertise the respective games, athletes, products, and services of or licensed by the sporting
league or governing body; (2) intended to promote an event or program scheduled for air on
ABC, ESPN, or other Disney platforms; or (3) intended to create an awareness of a specified
45
partnering non-profit organization (e.g., universities, foundations, community outreach
initiatives).
S&P will work with Sports Programming and the Legal Department to determine what
commercial elements are acceptable in Institutionals based on the intent of the Institutional
and the provisions of the previously negotiated arrangements.
GUIDELINES
Websites and toll-free telephone numbers are acceptable in Institutionals only for the sport’s
governing body and/or its partnering non-profit organization.
Institutionals:
• must be non-competitive in nature;
• intended to promote games, athletes, and/or products may include logos or other
identification of title or present sponsors as agreed to in arrangements made between
the named sponsors and the League;
• intended to promote events or programs may include logos or other identification of
title or presenting sponsors as agreed to in arrangements made between the named
sponsors and League.
• Institutionals intended to create awareness of a specified non-profit partnering
organization may not: (1) include sell copy, secondary product mentions, or use of logos,
signage or slogans (other than identification of a title or presenting sponsor as
incorporated into the official name of an event), except as explicitly permitted in ABC’s
contracts and arrangements with the relevant sporting league; or (2) directly solicit
funds on behalf of non-profit organizations absent special public interest considerations.
Such Institutionals must have adequate source identification (e.g., “This message
furnished by [the proper league, college or conference.]”). (See also “Public Service
Announcements”)
SUBLIMINAL PERCEPTION
ABC will not broadcast commercial messages utilizing the technique of “subliminal perception.”
Any audio or video technique which attempts to convey information to the viewer by
transmitting below the threshold of normal awareness (e.g., an image that registers
subconsciously) is not permitted.
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SUPERS
Disclosures via supers must be displayed clearly and conspicuously, against a contrasting
background, appropriately drop-shaded, and presented in large, bold, and well-spaced letters in
order to be easily legible. Supers should be displayed for sufficient duration so that they can be
read and understood by the average viewer, with a minimum screen time of 3 seconds for the
first line of copy, and 1 second for each additional line of copy.
Visual supers may not be used to materially alter a claim, but may only provide minor
clarification. Supers should appear in close proximity to the claim they are meant to qualify.
Horizontal crawls are reserved exclusively for use by the News Department and are prohibited
in the bottom one-third of the screen in advertising.
TALENT IN COMMERCIALS
ENTERTAINMENT PROGRAMMING
• Advertising featuring ABC talent may be scheduled in programming in which such talent
appears with the prior approval of S&P and Network Entertainment. When acceptable,
such advertising may not generally be scheduled in the first or last position of a
commercial pod in the respective programming, in order to maintain the distinction
between the ad and the program.
• Advertising featuring a participating celebrity may be scheduled within a variety or
awards special in which such talent appears with the prior approval of S&P and Network
Entertainment. Such advertising may not generally be scheduled in the first or last
position of a commercial pod which is adjacent to the appearance of the celebrity within
the program, in order to maintain the distinction between the ad and the program.
• Advertising utilizing talent from another network will be considered on a case-by-case
basis.
NEWS PROGRAMMING
• ABC News personnel may not appear in commercials.
• Advertising utilizing individuals who are the subject of a story in a news program is not
acceptable for scheduling in that program.
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SPORTS PROGRAMMING
• Advertising featuring talent under contract to ABC or ESPN may be scheduled in the
sports programming in which that same talent is an announcer or commentator unless
the advertised product or service is directly related to the sport being broadcast (such as
sporting equipment). Advertising featuring Sports Programming talent may not be
scheduled in the first or last position of a commercial pod in any sports programming in
which that talent is an announcer or commentator, in order to maintain the distinction
between the ad and the program.
• Advertising featuring talent participating in the sporting event is generally acceptable
for scheduling within the same event, but will generally be restricted to an interior
position of a commercial pod.
TECHNICAL EFFECTS
The use of visual or technical effects in advertising is subject to review in terms of perceptibility
and safety for viewers with certain health conditions. Problematic effects for television may
include flashing or intermittent visuals. Advertising that utilizes such effects may need to be
evaluated by use of the Harding Test.
Fanciful use of technical effects including, but not limited to, pixelation, black bars, color bars,
advisories, and bleeps, is generally not acceptable.
Use of the EAS alert/tone, and WEA alert/tone, or similar-sounding effects or tones, are strictly
prohibited.
TELEPHONE NUMBERS
The use of real telephone numbers as props in advertisements is prohibited. An advertiser may
use a media-safe number or its own telephone number in the context of advertising provided
the advertiser confirms ownership of that number during the lifespan of the commercial in
question.
TEXTING REQUESTS
Advertising containing mobile texting requests must contain the disclosure, “Message and data
rates may apply,” when applicable, and comply with all applicable laws and regulations.
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TOBACCO
Advertising for cigarettes, electronic cigarettes, “smokeless” tobacco, cigars, etc., or for
products which promote their use, is unacceptable. The use of such tobacco products as props
in commercials should be avoided.
Advertising for clinics and products intended to assist people to stop smoking is acceptable.
UNDERGARMENTS
Advertising for undergarments is acceptable. Generally, advertising that features live models in
undergarments will be restricted to Daytime and post-9PM entertainment programming.
VIDEO & MOBILE GAMES
STANDARD
Advertising for video games should accurately represent the actual content of the game.
However, depictions of extreme violence, sexual themes, and profanity are unacceptable.
Additionally, the content of the advertised game itself will also be considered when
determining acceptability and any scheduling restrictions.
If a video game is rated, the rating must be disclosed in audio and video. If a game is not yet
rated, such may be disclosed in video only.
Advertising for video game consoles (or any advertising featuring a video game as a secondary
mention) that also contains game footage or otherwise promotes a video game must include
the rating of that game.
GUIDELINES
• The following factors are considered when reviewing advertising for approval and/or
scheduling restrictions: violence, mature themes, dangerous or anti-social behavior, and
taste considerations.
• M-rated video game advertising is restricted to Sports and post 10PM ET (post 9PM CT)
entertainment programming. In addition, all such advertising is reviewed on a case-by-
case basis taking into consideration the content and tone of both the proposed
advertising and the underlying M-rated game, as well as the content, tone and audience
composition (including the likelihood of co-viewing by minors), of the program into
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which the advertising is to be placed. M-rated video game advertising is not acceptable
in the Wonderful World of Disney, X-games, or the Little League World Series. (For more
information go to www.esrb.org.)
• For scheduling purposes, RP (rating pending) video games, if accepted, will be treated as
M-rated video games, until the actual rating is established.
• Commercials featuring a video game as a secondary mention may be subject to
scheduling restrictions appropriate for the rating of such video game.
VITAMINS
(See “Dietary Supplements”)
WEIGHT REDUCTION AND CONTROL
STANDARD
The advertising of products and services for the reduction, gain, and control of weight must
comply with established nutritional evidence and medical opinion, as well as ABC Guidelines.
Where the demonstrated weight loss for the individuals shown in a commercial is not typical,
that fact must be clearly and conspicuously disclosed.
Weight-loss advertising must neither be directed to children nor depict children using the
product/service.
GUIDELINES
• Representations that weight loss itself is easy, effortless, or quick are prohibited. For
example, the FTC has flagged the following types of claims as generally unacceptable: (i)
“Lose two pounds or more per week, without dieting or exercise;” (ii) “Eat what you
want. The more you eat, the more you lose;” (iii) “Weight loss will be permanent (after
using the product);” (iv) “Block the absorption of fat or calories and lose substantial
weight;” (v) “Safely lose more than three pounds per week for more than four weeks;”
(vi) “Product causes substantial weight loss for all users;” and (vii) “Diet patches,
creams, wraps, earrings, and other products worn on the body or rubbed into the skin
cause substantial weight loss.” (See www.ftc.gov for full details.)
• Nutritional and medical authorities agree that to lose weight, people must consume
fewer calories than they expend for energy. Exercise is helpful in burning calories and
toning muscles, but to lose weight, exercise must be regular and generally be
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accompanied by a reduction in calories. Weight loss is highly individual and subject to
many variables: physiological status, state of health, age, amount and intensity of
physical activity, rate of metabolism, total diet, and environment.
• Advertising should refer to the product or service as a part of an overall, reduced
calorie, dietary regimen.
• Advertising should avoid overemphasizing any one factor in the weight-reduction
process because there are many varied factors which must be taken into consideration.
• Express or implied overstatements of the weight reduction capabilities of a product or
service are prohibited.
• Due to the individual nature of weight loss, references to a specific number of pounds
lost, a specific change in clothing size, a specific period of time involved in the process,
or a visual change in a specific area of the body must be carefully presented and
qualified. Generally, such claims are acceptable when:
o Sufficient empirical data has been provided to substantiate that claims are
representative of the users of the product/service advertised. If an advertiser
does not possess such empirical data, the advertiser must clearly and
conspicuously disclose the generally expected results;
o The rate of weight loss should not exceed 2 pounds per week;
o Claims are qualified with an audio and/or video disclosure (appropriateness
to be determined on a case-by-case basis) of the length of time it took to lose
the weight; and
o There is a disclosure that weight loss and weight maintenance varies
between individuals.
• Average results and the manner in which they were achieved should be clearly
communicated or otherwise disclosed in the advertisement.
• Since the maintenance of weight at a desired level generally requires adherence to a
dietary regimen, advertising should not claim, directly or by implication, that weight loss
will be permanent.
• The use of “safe’’ language must be adequately supported and accompanied by the
disclosure “when used as directed.” This disclosure is also required in any advertising
involving a diet product which contains a drug ingredient.
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• There may be no dwelling upon an individual’s fears and insecurities associated with
being overweight and accompanying self-image or social stigma.
• Low calorie foods will not be subject to the guidelines under this section unless specific
reference is made to weight loss or weight loss programs.
• Representations that a change in mood will directly result from the ingestion of a diet
pill or other diet products are prohibited.
• Advertising for products containing ingredients known or suspected of causing negative
side effects (e.g., Olestra) should affirmatively disclose such information.
• Advertising for products containing any ingredient that has been determined to be
unsafe by the FDA or other governmental authority is unacceptable.
• Weight loss advertising is not acceptable in Wonderful World of Disney programming.
WHITE COAT RULE
The use of health-related professionals or actors representing such persons is permitted in
advertising for products or services requiring a physician’s intervention or a prescription (e.g.,
prescription medications or medical devices). Such professionals include, but are not limited to:
doctors, dentists, nurses, pharmacists, physical therapists, nutritionists, nurses’ aides, etc.
The use of healthcare professionals and/or actors representing them is generally not permitted
in advertising where health or medical claims are made for OTCs and other products that do
not require a doctor’s intervention. Appropriately qualified references to healthcare
professionals may be permitted when such references are substantiated by independent
evidence in a manner and to an extent consistent with the spirit of the rule. Such exceptions
may be considered in cases where the appearance of the healthcare professional is supported
by documentation that is tantamount to a consensus within the relevant medical community.
A medical professional may appear in a commercial promoting his or her own services.
