While evaluating the effectiveness of disclaimer/disclosure, the Competition Commission of Pakistan considers factors such as prominence, presentation, placement, and proximity between the advertising claim and the associated disclaimer/disclosure. The principle regarding disclaimer/disclosure is that they must be ‘clear and conspicuous and placed ‘as close as possible to the advertising claim.
While explaining ‘clear and conspicuous disclosures, the FTC in the matter of Epand, Inc. And Ayman A. Difrawi 2016, Case No. 6:16-cv-714-Orl-41TBS has made it clear that:
(i) In any communication that is solely visual or solely audible, the disclosure must be made through the same means through which the communication is presented. In any communication that includes a representation requiring disclosure and is made through both visual and audible means, such as a television advertisement, the disclosure must be made through the same means through which the representation is made;
(ii) A visual disclosure, by its size, contrast, location, the length of time it appears, and other characteristics must stand out from accompanying text or other visual elements so that it is easily noticed, read, and understood;
(iii) An audible disclosure, including the telephone or streaming video, must be delivered in a volume, speed, and cadence sufficient for ordinary consumers to easily hear and understand it;
(iv) In any communication using an interactive electronic medium such as the Internet or software, the disclosure must be unavoidable.
(v) The disclosure must use the diction and syntax understandable to ordinary consumers and must appear in each language in which the representation that requires the disclosure appears;
(vi) the disclosure must comply with these requirements in each medium through which it is received, including all electronic devices and face-to-face communications;
(vii) The disclosure must not be contradicted or mitigated by, or inconsistent with, anything else in the communication; and
(viii) When representation or sales practices target a specific audience, such as children or elderly or the terminally ill, “ordinary consumer” includes reasonable members of that group.’