Bidtellect Advertising Policy
False, misleading or deceptive advertising claims are unacceptable.
Advocacy and Political Advertising
Advertisements for the advocacy of viewpoints on controversial issues of public importance are unacceptable. For the purposes of this guideline, a controversial issue of public importance is defined as one that has a significant impact on society or its institutions and is the subject of vigorous debate with substantial elements of the community in opposition to one another. An advertisement will be considered unacceptable if it: (1) explicitly takes a position on such an issue, or (2) without taking an explicit position, presents arguments parallel to those being made by one side or the other in the debate concerning the issue, so as to constitute implicit advocacy. Notwithstanding the foregoing, advertisements for political candidates by those authorized by such candidates to purchase time on their behalf and by political parties are acceptable. Advertisements by groups supporting or opposing significant ballot propositions are acceptable.
The advertising of distilled spirits (“hard liquor”) needs to be approved in advance. The advertising of beer and wine is acceptable only when presented tastefully, responsibly and in keeping with the notion of moderation. Advertisements must comply with all applicable laws and regulations.
- References, direct or implied, to excessive consumption are
- Representations of potency of beer or wine, direct or implied, are unacceptable, with the exception of a statement of alcohol content which may appear on the approved product
- Advertisements for beer and wine may not encourage use of these products by people under legal drinking
- The use of alcoholic beverages may not be presented in a context involving the performance of hazardous activities or activities that require a high degree of
- Beer and wine advertisements may not feature professional or serious amateur athletes handling or endorsing the There may be no association between alcohol and athletic achievement.
- An affirmative and legible disclosure of the name and address of the “responsible advertiser” must be made where required by
Advertising for “alternative” (malt-based) beverages are to be evaluated by Bidtellect for acceptability on a case-by-case basis. The advertised product cannot contain hard liquor and the advertisement must be clear in this regard.
Products which may be used or mixed with hard liquor may be advertised, but there may be no reference to their use with hard liquor. The use of the words “cocktail drinks” or “cocktail beverages” is acceptable.
Reduced or Low Alcohol Malt or Wine Products
Statements of reduced alcohol content are acceptable for malt products that contain less than 2.5 percent alcohol and for wine products that contain less than 7 percent alcohol. Labeling and advertising for reduced or low alcohol malt or wine products may use statements comparing the alcohol content of the reduced product to the alcohol content of the same regular product. Such comparative statements may not specify the actual alcohol content of either of the products being compared.
Advertising for lotteries except for the lawful advertising of certain government-run lotteries are unacceptable. Advertising by private organizations conducting sporting events at which bets are legally accepted and by government organizations conducting legalized betting on sporting contests is acceptable. Advertising for casino resorts that makes audio or visual reference to or otherwise promotes gambling activities is unacceptable.
Advertisements for institutions containing the word “casino” as part of their legal name (e.g., a casino/hotel), but not containing any such reference to or promotion of gambling activities, may be accepted. Advertisements for non-casino clients (e.g., a tourism bureau) that contain references to gambling activities without promoting any identifiable establishment may be accepted. Advertisements for tip sheets or other betting publications, products or services that promote gambling are unacceptable.
Comparative advertising is acceptable if the claims, comparative and otherwise, are truthful, fair and adequately substantiated.
Advertisements for contests and sweepstakes are acceptable. Advertisements for lotteries are not acceptable, except those which are state-run.
Food, Nutrition and Weight Reduction Advertising
- Advertising must not overstate or misrepresent the nutritional value of The use of descriptors such as “low fat,” “low sodium” and “high in fiber” must comply with the food labeling regulations as specified by the Nutritional Labeling Education Act of 1990 (NLEA). Nutritional claims must also comply with standards of the National Research Council’s Reference Daily Intakes, the NLEA’s Daily Reference Values and the good nutrition standards of the United States Department of Agriculture.
- When health claims for foods are made, the advertising must not overstate or misrepresent the health benefits (i.e., claims to treat, cure or prevent disease) of the product. Where applicable, advertising making claims of a health benefit for a single product must also disclose the role played by other factors (e.g., that reduction of an elevated blood cholesterol level is only one of five equally significant “risk factors” that can increase the risks of heart disease).
- When a claim of nutritional benefit is made (e.g., “low cholesterol,” “high in fiber”) based on the relative per serving content of a nutrient and the product also contains levels of other nutrients which, per serving, are in excess of healthful levels, the advertisement must disclose this
- Implication that an individual food is more important than other components of a well-rounded diet is not
- Metabolic energy is derived from food, beverages and supplements that contain Claims that food products provide or sustain energy must clearly attribute the source of that energy to the caloric content of the product.
- Dietary supplements (vitamins, minerals, herbs or other botanicals, amino acids and any other supplement that increases dietary intake) are foods and, as such, the general guidelines regarding food advertising apply (see above). Health claims for dietary supplements must comply with the regulations of the Dietary Supplement Health and Education Act of
- Dietary supplements should not be presented as substitutes for essential elements of a balanced
- Where appropriate, a clear disclosure must be made that pregnant or lactating women should consult their physician before consuming dietary
- The advertised health claim must be consistent in meaning with the FDA allowed “structure/function” claim(s) which appear on the product label. Consistent with FDA requirements, the following disclosure is required to appear in dietary supplement advertising:
“This statement has not been evaluated by the FDA. This product is not intended to diagnose, treat, cure or prevent any disease.”
The same disclosure is required to appear clearly and legibly in the advertisement.
Weight Reduction Products
Weight reduction is a highly individual matter, subject to many variables of physiology, health, age, activity, willpower and environment. Weight loss that is possible or appropriate for one overweight person is therefore not necessarily applicable to others. The following guidelines apply:
- The length of time taken to lose the weight must be clearly
- The rate of weight loss claimed must not exceed what medical and nutritional authorities agree to be safe and effective.
- There may be no implication that the product, alone, can be used for weight reduction without consideration of total diet, restriction of caloric intake and
- Because weight loss is highly individual, disclosure should be made that results may vary from person to person.
All health-related claims must be adequately supported by clinical or other responsible scientific evidence. Advertisements that are melodramatic or tend to frighten, or are fear or anxiety inducing, are unacceptable, regardless of the validity of any claim being made. Disclosures must be made regarding the contribution of other factors to the relevant health condition, when appropriate.
All advertisements must accurately and tastefully reflect the content of the motion picture being advertised.
Advertisements that simulate news reports or news broadcasts through the use of a newsroom or newsgathering techniques, through the use of any person purporting to be a news announcer or news reporter, or through the use of lead-in material which may mislead the audience to assume that it is about to hear a news report or is hearing a news report, are unacceptable. The horizontal crawl technique may not be used where it could be confused with the presentation of news information.
Over the Counter (“OTC”) Medical Products
Claims of product effectiveness, including comparative efficacy, must be substantiated by clinical or other responsible scientific evidence. Advertisements for OTC drug products must contain specific audio or video disclosure(s) which stress the importance of a careful reading of the product label and adherence to those directions (i.e., “Read Label, Use Only as Directed”). Advertisements for OTC products or other products making health or medical claims may not feature physicians, dentists, nurses, or other health professionals, or actors portraying health professionals on behalf of the advertised product. Advertisements for OTC products which address serious and/or chronic medical conditions not included on the labeling as an FDA allowed indication are unacceptable.
Great care must be exercised to ensure that all advertisements are presented within the boundaries of good taste. These boundaries are generally defined by the nature of the language, depictions used, and the themes or implications of the announcements.
The following standards apply to the review of all prescription drug advertising.
- Consistent with the FDA Guidance and related regulations, direct-to-consumer prescription drug advertisements must present balanced and clearly separated messages regarding the drug uses (efficacy) and risks (safety). The advertisements must provide “adequate provision” for dissemination and easy consumer access to the FDA approved complete patient information on the advertised
- All advertisements promoting prescription drugs must be in compliance with applicable laws and regulations and other Bidtellect policies regarding health care
- All health-related and technical claims must be adequately supported by clinical and/or other responsible scientific
- Advertisements that tend to frighten or are overtly emotional are unacceptable, regardless of the validity of any claims being
- The drug may be advertised for Food and Drug Administration (FDA) approved indications
- The drug may not be under developmental investigation for any of the indications discussed in the advertisement (Phase I, II, III pursuant to the Food, Drug and Cosmetic Act of 1938, as )
- The drug must have a low abuse
Lawful advertising for accountants, chiropractors, dentists, lawyers, physicians, psychologists, and other recognized and established professionals are acceptable. Such advertising should focus on essential information pertaining to the service offered. Advertising which contains professional advice of the kind that, under sound practice, would be given only within the context of an established practitioner-client relationship is not acceptable. All such advertising must comply with the ethical standards and requirements of the relevant profession.
Advertising for psychic services (e.g., astrology, phrenology and numerology) is only acceptable where such services are clearly disclosed as being for entertainment purposes. Such advertising may not suggest or imply that the services are grounded in science.
Personal endorsements and testimonials must comply with the Federal Trade Commission’s requirements.
Advertisements or promotion of cigarettes are not acceptable. Advertisements for cigars and pipe tobacco are to be evaluated by Bidtellect for acceptability on a case-by-case basis.