ABC TELEVISION NETWORK
ABC TELEVISION NETWORKADVERTISINGSTANDARDS AND GUIDELINESABC, Inc.DEPARTMENT OF BROADCAST STANDARDS AND PRACTICES2018
PageTABLE OF -27Introduction Overview Role of Department of Broadcast Standards and Practices General Standards Procedures- Commercial Submissions- Challenges- Government ActionAlcoholic BeveragesAnimalsBillboardsChairman’s Messages in Sporting EventsClaim Substantiation (See also “Product Demonstrations”)Community SensibilitiesCompeting MediaContests (See also “Lotteries”)Contraceptives (See “Intimacy ”)Controversial IssuesCriminal ActivitiesDemonstrations (See “Product Demonstrations”)Dietary Supplements, Vitamins, and Related ProductsDirect Response AdvertisingDisclaimers (See “Supers”)Dramatizations, Reenactments, and SimulationsEmergency AlertsEndorsementsEnvironmental ClaimsFantasy SportsFertility Products (See “Intimacy ”)Financial AdvertisingFirearms, Ammunition, and FireworksFoodForeign Language“Free”, Use ofGamblingGuarantees or WarrantiesInterstitials/IntegrationsIntimacy, Personal Care, Contraceptive, and Fertility ProductsLive, Use ofLotteries (See also “Contests”)Medical Product Advertising – OTC Products and Medical Devices1
73737-383838-393939-404041414141414243-4445Motion Picture and Streaming Video/DVD Advertising“New,” Use ofNews Techniques, Simulation ofOnline Dating ServicesOTC Drugs (See “Medical Product Advertising”)Personal Care Products (See “Intimacy ”)Pet FoodPolitical AdvertisingPremiums and OffersPrescription DrugsPrivacy and Publicity Rights (See also “Endorsements”)Product Demonstrations (See also “Claim Substantiation”)Professional AdvertisingProgram-Length CommercialsPsychic ServicesPublic Service AnnouncementsPublic SymbolsReleases (See “Privacy and Publicity Rights”)Religious ThemesSafety/Dangerous BehaviorScheduling RestrictionsSponsorship IdentificationSports InstitutionalsSubliminal PerceptionSupersTalent in Commercials (See also “Endorsements”)Technical EffectsTelephone NumbersTexting RequestsTobaccoUndergarmentsVideo GamesVisual Effects (See “Technical Effects”)Vitamins (See “Dietary Supplements ”)Weight Reduction and ControlWhite Coat Rule2
Page3INTRODUCTIONOVERVIEWIt 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 corporatestandards. This policy is mandated not only by our obligation to operate in the public interest andby 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 legalcounsel, and ABC personnel, with the goal of producing advertising that can be approved and airedon ABC.ROLE OF THE DEPARTMENT OF BROADCAST STANDARDS AND PRACTICESThe Department of Broadcast Standards and Practices (“BS&P”) is responsible for reviewing alladvertising material on ABC. BS&P personnel screen and clear all commercial content, publicservice announcements, and interstitials intended for air. BS&P also serves as a resource for ABCowned television stations, whose managers are responsible for their own commercial clearancedecisions.BS&P is an independent department of ABC, ultimately reporting to the General Counsel of TheWalt Disney Company, operating objectively and free of external influences.GENERAL STANDARDSABC reserves the right to accept or reject at any time advertising for any product or servicesubmitted for broadcast.In order to determine the acceptability of advertising material submitted for broadcast, BS&P willreview the accuracy of all statements and claims made in advertising copy. When affirmativeclaims are made for a product or service, the law requires the advertiser to have substantiation ordocumentation providing a reasonable basis for the claims.Advertising may sometimes require scheduling restrictions. Such restrictions will be imposed atBS&P’s discretion, taking into account the nature of the product or service advertised, the contentand context of the advertising, and the content, tone and audience composition (including thelikelihood 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 thecommercial is also the subject of a news item in that broadcast. Restrictions may also be imposeddue to Sales concerns, such as a competitor having exclusivity in a particular program.ABC reserves the right to request that the advertiser affirmatively establish that it has obtained allrelevant rights and releases for all identifiable persons and intellectual property contained in itscreative.
Page4PROCEDURESCOMMERCIAL SUBMISSIONSAdvertisers should submit to BS&P storyboards/scripts, and subsequently rough cuts and finals,for each commercial intended for air on ABC sufficiently in advance of broadcast to permit carefulreview. Final commercials should be accurately labeled and slated.BS&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.Substantiation must be provided for all claims. Agencies should submit information substantiatingtheir claims with the initial submission of proposed advertising.A BS&P Review Specialist reviews all commercial submissions for ABC. After reviewing aproposed commercial, BS&P may accept or reject the advertising, request revisions, or requestadditional substantiation for claims.It is the general practice of BS&P to treat information and materials submitted by an advertiser(or its duly authorized representative) related to commercial clearance as confidential.CHALLENGES – Competitive Challenges to Advertising on the NetworkAny commercial aired on ABC may be challenged. Prior to filing a challenge, the challengershould contact the advertiser and make a good faith effort to reach a mutually-acceptable resolutionof the concerns raised.If the parties fail to resolve the issue(s), a challenge may be commenced by submitting, in writingto ABC, all arguments and supporting documentation or data. The challenged advertiser shouldbe copied on this correspondence.BS&P will review all challenges received, and if the challenge appears to have merit, BS&P willsend a letter to the advertiser requesting that the advertiser respond in writing to the challenge.The advertiser’s response will normally be due within ten (10) business days from the date ABCadvised the advertiser of the challenge. Upon receipt of the advertiser’s initial response, ABC willinvite the 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 completethe record with its second and final reply. Should the advertiser choose to do so, this submissionmust also be received by ABC within ten (10) business days. BS&P may adjust the above schedulefor good cause.Every challenge is reviewed de novo. It is BS&P’s general practice that materials submitted bythe challenger and advertiser, as well as communications from and decisions by BS&P, will not
Page5be 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 refutethe 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 theinformation to the challenger for review and comment. In the event a challenger refuses to provideinformation to the advertiser that it deems confidential or proprietary, BS&P will not consider thismaterial in its review of the challenge and will promptly return such material to the challengerIn the event litigation or government action is commenced during the course of a challenge raisingthe same or substantially similar issues, BS&P will generally defer consideration of the challengeand permit the disputed claims to air pending resolution by the responsible court or governmentagency.BS&P will normally permit a challenged commercial to continue to air unless: (1) the advertiserrefuses to cooperate with the challenge procedures described above; (2) the airing of thecommercial has been enjoined by a court; (3) the issues raised by the challenge are resolved againstthe advertiser by a government agency or an appropriate court; or (4) BS&P determines thatcontinued airing is not in the best interests of ABC or its viewers.GOVERNMENT ACTIONThe actions of a federal, state, or local government agency or court may affect the question ofwhether or not advertising claims for a particular product or service are acceptable. Advertisingthat contains claims that the government has announced are subject to investigation or othergovernmental 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 andthe advertising will be withdrawn from broadcast.ALCOHOLIC BEVERAGESSTANDARDBeer, wine, and malt beverage advertising is acceptable, subject to federal, state, and local laws,industry guidelines, and the applicable guidelines set forth here. Hard liquor advertising will beconsidered on a case-by-case basis, subject to federal, state, and local laws and the applicableguidelines set forth here. Any commercial for or featuring alcoholic beverages may be subject toscheduling restrictions based upon the nature of the advertised or featured product, audiencecomposition, and other factors.
Page6GUIDELINESI.GeneralA.All alcoholic beverage advertising must include a “drink responsibly” or similarmessage in audio and/or video.B.The following elements are generally not acceptable:C.1.Direct or indirect references to, or depictions of, the strength of the product,(including statements of alcoholic content) unless used solely to establishthat the product contains alcohol. General references to a reduction inalcoholic content in a given product type is acceptable, provided that thereis no implication or conclusion about the safety or amount that may beconsumed by reason of such reduction.2.Visual representations or sound effects of drinking.3.Depictions of unsafe or illegal activities, such as presentations that give theimpression of, or promote, excessive consumption of these products;portraying or encouraging use of these products by young people who havenot 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 involvinghazardous activities or requiring a high degree of alertness.4.Advertising that represents personal achievements, athletic ability,sexual attractiveness, maturity, etc., as deriving from the consumption ofthese products. Advertising that depicts current professional athletes, oractors representing such athletes, will be reviewed on a case-by-case basis.These advertisements should not claim or imply that the consumption ofalcoholic beverages will allow viewers to maintain or increase their athleticprowess, health, or conditioning; or perform at a level comparable to that ofa famous athlete.5.Advertising that expresses or implies that the consumption of these productswill produce an alteration of mood.The gratuitous use of alcoholic beverages as props in non-alcoholic beveragecommercials should be avoided. If otherwise acceptable, the use of props orlanguage primarily associated with hard liquor may trigger the same restrictions asif the commercial was promoting a hard liquor product.
PageD.II.III.7Advertising for nonalcoholic products containing the brand name of a hard liquorproduct or a distiller may be subject to the same scheduling restrictions as the hardliquor product or distiller itself.Beer, Wine, and Malt BeveragesA.Such products may be no more than 24% alcohol by volume, and by definition maynot be hard-liquor based.B.Pursuant to the Federal Alcohol and Tobacco Tax and Trade Bureau, advertisingfor beer, wine, and malt beverages must disclose the corporate name, city, and stateof the brewer, producer, packer, wholesaler, or importer responsible for itsbroadcast.C.So long as the content of the commercial is deemed otherwise acceptable, suchadvertising may air in programming where the audience composition is at least 72%legal drinking age.D.Advertising for malt beverages (other than beer) must disclose in audio and/or videothat the product is a malt beverage.E.The advertising of malt beverages containing the name of a distiller or hard liquorbrand is acceptable, provided that the content is otherwise acceptable; and theproduct or its advertising is not primarily a device to promote hard liquor.F.Beer, wine and malt beverage advertising is generally restricted from entertainmentprogramming airing 8PM-9PM ET (7PM-8PM CT). Such advertising is notacceptable in World News Tonight, Wonderful World of Disney and G-rated orother family friendly programming.Hard LiquorA.The advertising of hard liquor will be considered on a case-by-case basis. So longas the content of the commercial is deemed otherwise acceptable, such advertisingmay air in programming where the audience composition is at least 85% legaldrinking age.B.Hard liquor is defined as any beverage legally classified as a distilled spirit, whichincludes, but is not limited to: whiskey, gin, vodka, rum, brandy, cordials, liqueurs,fortified wines, and mixed products which contain hard liquor, including liquorbased coolers, even if the percentage of alcohol in them is less than that containedin beer, wine, or malt beverages.C.Pursuant to the Federal Alcohol and Tobacco Tax and Trade Bureau, advertising
Page8for hard liquor must disclose the corporate name, city, and state of the brewer,producer, packer, wholesaler, or importer responsible for its broadcast, as well asthe percentage of alcohol by volume.D.IV.Hard liquor advertising will generally be scheduled only in NBA programming, aswell as entertainment programming airing post-10PM ET (9PM CT). Requests forexceptions will be considered on a case-by-case basis, taking into considerationfactors including: the type of alcohol product being advertised (e.g., its % alcoholby volume); the content and tone of the program into which the advertising is to beplaced; the scheduled time and audience composition (including the likelihood ofco-viewing by minors) of the program into which the advertising is to be placed;and the nature and content of the proposed advertisement. Program integrationsinvolving hard liquor products will be considered on a limited basis and must bepre-approved by BS&P. BS&P review may entail consultation with and/orapproval of Senior Corporate Management. The above guidelines, including theapplicable mandatory disclosures, would apply to any program integration.Alcoholic Beverages in Other AdvertisingIn advertising for businesses which sell alcohol in addition to otherproducts/services, such as hotels, restaurants, airlines, etc., references to and/orvisuals of alcoholic beverages are acceptable without restriction when limited togeneric/unbranded visuals and/or language such as “cocktails,” “mixed drinks,” etc.Relevant scheduling restrictions will apply to such advertising that containsbranded references to alcoholic beverages.V.Mixer ProductsAdvertising for mixer products is generally acceptable. Advertising that mentionsa hard liquor brand will be considered on a case-by-case basis, and relevantscheduling restrictions may apply.ANIMALSThe use of animals in commercials shall be in conformity with accepted standards of humanetreatment. Advertisers should provide a letter from the Humane Society or a certified animaltrainer confirming that no animals were harmed during commercial production. Alternatively,advertisers may provide documentation that the Humane Society was contacted but declined to bepresent.When warranted, BS&P will also notify Disney’s department of Animals in Film and TV of anyproposed animal action in commercial content, which will then help to determine theappropriateness of animal usage.
Page9BILLBOARDSSTANDARDCurrent ABC policy defines a billboard as a five-second audio and/or video announcement withina 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 containsubstantiated monadic claims, calls to action, and generic comparisons. Billboards may notcontain 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.GUIDELINESI.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 websiteand/or toll-free number in audio or video. Animated and call-to-action billboards will beconsidered on a case-by-case basis.II.Billboards intended to air in News programming may not contain audio references to theadvertiser’s phone number or website (unless it is the name of the advertiser). Suchreferences may be included in video.III.Billboards for motion pictures and streaming video/DVDs must carry the Motion PictureAssociation of America (“MPAA”) rating in audio or video.IV.Billboards for alcoholic beverages must contain the required legal disclosures andresponsibility message in audio or video.CHAIRMAN’S MESSAGES IN SPORTING EVENTSA chairman’s message is one delivered by a high-ranking officer or designated spokesperson ofthe 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 audioand/or video identification of the corporate spokesperson, his or her title and the name of thesponsoring company (e.g., Jane Smith, President, The XYZ Co.), together with a brief statementabout the sponsoring company’s association with the event and/or the charity involved.
Page10Such 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 themention 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.CLAIM SUBSTANTIATIONSTANDARDAn advertiser must have substantiation for all reasonable interpretations of express and impliedclaims in its advertising. All claims must be substantiated with competent and reliable scientificevidence, 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 shouldbe submitted well in advance of production or scheduling of any commercial.(See also “Product ion 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 testedagainst the top 85% of that market, based on current unit (not dollar) sales data.B.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 andused by consumers; and (3) are meaningful to consumers (i.e., not merelystatistically significant).C.When evaluating substantiation, BS&P will determine whether a given samplesize is acceptable, taking into account the scope of the study, relevant industrystandards, and the nature of the claim being substantiated.D.Qualifying information about the attributes or use of a product should be disclosedwhenever a claim is valid only under certain circumstances. Inadequately qualifiedlanguage (i.e. a “dangling comparative”) that creates a market comparison is notpermitted, unless such claim can be substantiated, as discussed above.E.False or misleading disparagement of competitive products or services, and falsely
Page11claiming that a competitive product or service has little or no value (i.e., ashcanning) is not permitted.F.II.Puffery claims are subjective claims which cannot be verified (e.g., “When I wearX, I look my best” and “Y is the most terrific game around”). Since they deal withsubjective preferences or hyperbole, they cannot be proven or disproven. Suchclaims are generally acceptable as long as the clear net impression upon the viewingpublic is that these claims are subjective, personal preference, or hyperbole.Substantiation for Performance and Efficacy ClaimsClaims that deal with performance, efficacy, sales, mileage and other tangible attributesthat are measurable and verifiable must be supported by substantiation that is equallymeasurable and verifiable.A.Technical Testing:Technical testing is often necessary as a means of establishing with a higher degreeof certainty the nature of the causal relation among several variables. Applicablegovernment, 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 acceptableexplanation for employing such alternate testing.When technical testing is based on a simulation of product performance, theadvertiser must provide clear and convincing evidence that the simulationaccurately reflects the product’s performance under actual consumer useconditions; and must establish the impracticality or impossibility of demonstratinga product’s performance under actual consumer use conditions.B.Clinical Studies:Established standards of clinical research must be applied, including use ofcontrols, objective data collections, and analysis. Studies should be double-blinded(i.e., neither subject nor researcher knows product identity). Results must bemeaningful and measurable (i.e. statistically significant and consumer relevant).Applicable government, industry, or other established testing standards may beused. However, advertisers may choose not to follow (in whole or in part) anapplicable government, industry, or other established test standard provided theyfurnish an acceptable explanation for employing such alternate testing.A claim that the advertised product is “clinically proven” effective should besupported by at least two clinical studies. The studies must have been conductedon the advertised product as sold. In cases where only one clinical trial is available,
Page12the claim should explicitly refer to a single clinical study (e.g., “a clinical testsuggests ”).C.Price Comparisons:Comparisons of retail price may not be utilized in advertising unless the comparedprices accurately and fairly reflect the actual prices of the products generallyavailable at the retail level during the period the advertising is broadcast and withinthe entire geographical area in which the advertising is broadcast.III.Substantiation for Sensory, Preference, and Recommendation ClaimsClaims regarding sensory attributes, preferences, or recommendations are an expression ofbelief or opinion. Such claims also require substantiation, which can take the form ofsurveys, focus groups, consumer use testing, etc. The acceptability of a particular form ofsubstantiation is contingent upon the claim being made.A.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 productinformation should be provided to respondents. No promotional materials shouldaccompany test products, and product coding should not clue respondents as to theproduct’s identity.Side-by-side or sequentially paired comparison testing is preferred for comparativeclaims. 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 sufficientto support comparative claims.As ABC advertises only nationally distributed products, testing should beconducted in at least four geographically dispersed and representative regions of thecountry.Consumers taking part in the test must be representative of the population referredto in the advertisement. They should possess enough experience with the productcategory to be able to express an opinion.Questionnaires should be objective, clear, unambiguous, and appropriately wordedto substantiate the claims being tested.Sample size is dependent upon the scope of the study and the claim beingsubstantiated. For superiority claims, a minimum sample size of 200 is suggested.
Page13For parity claims, since there must be a high degree of certainty that there is nodifference between products, a minimum of 500 subjects is suggested.B.Expert Panels:The evaluation of a panel of experts must be objective and the results should bestatistically sound. Advertising based on such testing will often require disclosurethat it is based on expert panel testing.C.Doctor Recommendation SurveysThese surveys must contain a minimum of 200 doctors from the appropriatespecialty or specialties. The sample should be randomly chosen (e.g. from an AMAlist) and geographically dispersed. A minimum plurality of twenty-five percent ofthis sample must prefer the product or formula.The research should be blinded so that the doctor does not know the sponsor of thestudy.D.Focus Groups:Focus groups or informal discussion groups may be used to support certainsubjective claims. Data from focus group studies alone are not sufficient tosubstantiate claims.COMMUNITY SENSIBILITIESABC will not accept advertising which misrepresents, ridicules, or attacks an individual or groupon the basis of age, color, national origin, race, ethnicity, religion, sex, sexual orientation, genderidentity or disability. Special sensitivity should be exercised in dealing with these classifications.Advertising which promotes violence, crime, obscenity, or any other forms of antisocial behavioris unacceptable.Due to heightened community sensitivities during national and international tragedies, it may benecessary to reconsider or reexamine advertising, even if previously approved.COMPETING MEDIAABC reserves the right to reject, or to impose restrictions on, advertising for, or that features,competing media. Advertising making reference to any competing media will be considered on acase-by-case basis in consultation with senior members of the ABC Sales department. If
Page14determined to be otherwise acceptable, such advertising may not include day, date and timescheduling information for the advertised program.Advertising for MA-rated programming will be restricted to GMA, Daytime, Sports and post-9PM ET/PT entertainment programming. Such advertising will be reviewed on a case-by-casebasis, taking into consideration the nature of the advertised program, the content of the proposedadvertisement, and the content, tone and audience composition (including the likelihood of coviewing by minors) of the program into which the advertisement would be placed.CONTESTSSTANDARDAdvertising for advertiser-sponsored contests or sweepstakes may be acceptable if the contest orsweepstakes offers all entrants a fair opportunity to win and complies with all applicable federaland state laws. Such advertising must not be misleading, or falsely or unfairly raise hopes andexpectations of winning.The broadcast of any advertisement or information concerning a lottery is a criminal offense under18 U.S.C. 1304, except for lotteries permitted by state law. (See “Lotteries”)GUIDELINESABC 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 toproduction of the commercial.Depending upon the nature of the advertiser-sponsored contest, the following should generally bedisclosed:1Specific eligibility and entry requirements;2Entry deadline;3No purchase necessary;4Void where prohibited;5Where to get complete rules; and6Criteria for judging winning entries in contests involving skill.
Page15Advertising for a sweepstakes which legally depends on the equal availability of free means ofentry should adequately describe the availability of such free chances and the locations, times, andmanner in which they may be obtained. Such phrases as “No Purchase Necessary” or “Nothing toBuy” without more information may not always meet this requirement.For Network contests, per FCC regulation, broadcasters are required to disclose important contestinformation fully and accurately, and to conduct contests substantially as announced. Suchdisclosure obligation can be met by announcing the contest terms over the air or by posting thatinformation online, provided that the website address where the contest rules can be found isperiodically announced over the air.CONTROVERSIAL ISSUESABC will consider on a case-by-case basis advertising that presents a partisan position on acontroversial public issue, subject to the below. These guidelines do not apply to advertisingsubmitted by political candidates,
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