Radio/telephone ads: established name conjoined with most prominent presentation suffices

AI-verifiedwarningFDA guidance · non-bindingRaised as a question — a person decides

Rule

For radio and telephone advertisements, FDA does not intend to object if the established name is disclosed in direct conjunction with the most prominent presentation of the proprietary name (typically its first occurrence).

Check

In radio or telephone ad transcripts/audio, find the most prominent (usually first) presentation of the proprietary name and confirm the established name is disclosed directly with it.

Escalate when

Reviewer is unsure which presentation of the proprietary name in the broadcast is the most prominent one.

Where this comes from

Section II.D.2 · page 8. The highlighted words are quoted exactly; a script confirms they appear in the source before the rule can be published.

…lished name be displayed on the screen for the same amount of time as the proprietary name. For superimposed text that typically appears along the bottom of the screen, the established name does not have to be included with the proprietary name. FDA does not intend to object if the established name is not included in the audio portion of audiovisual promotional labeling or in an audiovisual broadcast advertisement. For radio and telephone advertisements, FDA does not intend to object if the established name is disclosed in direct conjunction with the most prominent presentation of the proprietary name. Under most circumstances, this is the first occurrence in the broadcast. Contains Nonbinding Recommendations 3. Electronic and Computer-Based Promotion Promotion in electronic and computer-based media also does not contain text pages like print media. However, promotion in such media often contains information or running text equivalent to many pages of traditional printed text. FDA does n…

Open the original at page 8 on fda.gov ↗Read our full copy →

Document: FDA guidance: Product Name Placement, Size, and Prominence in Advertising and Promotional Labeling (final)
Version: as retrieved — the publisher does not version this document; the fingerprint below identifies the exact file
Retrieved: 2026-09-21 from www.fda.gov
Fingerprint: f6f78606542ef91596ef21f6…

FDA guidance describes the agency's current thinking. It is not binding law, and this rule is a recommendation, not an obligation.

Applies when

Naturepromotional

Mediumbroadcast

How this rule was checked

Citation proven by script and passed an independent verifier running on a different model. Not yet confirmed by a human.

Drafted
claude-code:sonnet · 2026-09-21
Independent verification — pass
claude-code:opus · 2026-09-21
Reviewer's reasons
- Verbatim support in Section II.D.2, and the parenthetical '(typically its first occurrence)' is supported by the very next sentence of the source: 'Under most circumstances, this is the first occurrence in the broadcast.' The rule correctly presents it as typical rather than as a rule.
- Not overstated: the 'does not intend to object' framing is preserved and the rule stays limited to radio and telephone advertisements, as the source is.
- Atomic: one condition (established name in direct conjunction with the most prominent presentation).
- Determinism 'judgment' is correct — 'most prominent presentation' is an impression call, and the escalation clause covers it.
- Authority 'guidance' is right (enforcement discretion); severity 'warning' is defensible.
- Locator 'Section II.D.2' is right. Observation only: the rule covers telephone advertisements while applies_when tags medium 'broadcast'; the guidance treats radio as broadcast but does not describe telephone ads as broadcast, so the tag is an imperfect but reasonable fit given the available taxonomy, and the rule text preserves the correct scope.

Nearby rules

US-NAME-035 US-NAME-036 US-NAME-037 US-NAME-038 US-NAME-053