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Random Thoughts

Not So Fine Print

Hudson Cooper
Posted 4/11/25

There is a commercial running on television that has inspired me to write this column. It claims to offer people who have sleep apnea an easier option than the cumbersome CPAP machine with its head …

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Random Thoughts

Not So Fine Print

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There is a commercial running on television that has inspired me to write this column. It claims to offer people who have sleep apnea an easier option than the cumbersome CPAP machine with its head snaring sleep mask. Having been diagnosed years ago with sleep apnea, the commercial got my attention. Instead of wearing the mask and transporting the CPAP machine when I traveled, this new device seemed to offer a less invasive alternative. In the commercials a user demonstrated that sleep apnea could be controlled with just a push of a button on a small handheld device known as “Inspire.”

 It seemed too good to be true. My subsequent research proved that the commercial left out one important point. The device had to be implanted in your body. If that was part of the sales pitch, I am certain fewer people would be inspired to order an Inspire machine.

 That led me to write this column about reading the fine print on advertising. I refer to fine print in advertising as those tiny words usually at the bottom of an ad that contained the details of the offer. However, television and radio ads use a similar tactic where a fast-talking announcer rambles off the lingo at the beginning or end of the commercial. Advertisers are on to the fact that we may be paying attention to what they’re saying so they have come up with ways to give us a false impression of what the product actually does. They have learned to stretch the truth for their advertised products.

There are rules in place that are meant to protect us. The fine print is not supposed to contradict other statements in the ads. The disclosure should be clear and conspicuous. That means the important stuff should not be hidden in tiny, small print. The problem is defining the standard for small and conspicuous.  There are very few hard and fast rules about the size of the print or the length of time a disclosure must appear on TV ads. The Federal Trade Commission does use a four-prong test to determine if the ad passes their inspection. The fine print must be big enough that people can notice it and read it. The language and the print must be easy for people to understand. The placement of fine print is very important. Is it in a place that people will actually look at and see it? Finally, the proximity of the fine print must be near the claim it qualifies.

Advertisers use fine print to provide disclaimers, disclose terms and conditions. Certain industries such as insurance, finance and pharmaceutical companies are required to provide detailed disclaimers to ensure people are adequately informed of the risks, exclusions and conditions.

When it comes to concealing information from potential buyers some companies have fine-tuned the deception. Here are some of their nefarious methods. For TV commercials some disclaimers appear on the screen for only a few seconds making it impossible for anyone to read the text fully. For print and TV ads those seeking to conceal information from you use text that is tiny making it impossible to read. Some ads use color on the print that blends into the background also making it challenging.

 Many advertisers believe the rules are meant to be broken. One way to protect yourself against unexpected disclaimers in their print ad is to look at it with a magnifying glass and read the fine print. Of course, when an ad is spoken on radio or TV there is no print.  So, when you hear something verbally that doesn’t make sense look into the details and disclaimers before you take out your credit card and order a product.  

 If I’ve been duped by a company into buying a product that had limitations they didn’t disclose sometimes I contact the Federal Trade Commission and report the company. My hope is that some items in this column inspire you to keep a keen eye on deceptive advertising.

Hudson Cooper is a resident of Sullivan County, a writer, comedian and actor.

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