Advertising Guidelines
U.S. ADVERTISING STANDARDS AND GUIDELINES
(ALL MEDIA)
Last updated: May 1, 2025
INTRODUCTION
CSC Holdings, LLC and/or its affiliates (collectively, “Optimum”) own, operate, and/or distribute various public-facing properties (“Optimum Properties”), including television broadcast networks; local television systems; television cable networks; social media accounts; and direct-to-consumer, streaming, on demand, audio, digital, and other properties, whether currently known or hereafter existing. Through its agency business, Optimum also distributes ads on behalf of its clients for placement on third-party properties.
These Advertising Standards and Guidelines (“Guidelines”) apply to Optimum within the United States of America (U.S.) and are intended as a tool to assist advertisers, agencies, representatives, and resellers. They must be observed in the creation and production of ads, including infomercials, billboards, promotions, and other advertising materials for insertion or distribution by Optimum. These Guidelines do not apply to advertising that contains a “use” by a legally-qualified candidate for elective office (e.g., an ad that features the identifiable voice or image of the candidate, presented in a positive light).
These Guidelines are not meant to be all-inclusive but are instead intended to provide the general framework necessary to maintain the quality and integrity of advertising that will be accepted by Optimum, which will additionally be subject to the terms and conditions of the underlying advertising agreement, Optimum’s Standard Order Terms and Conditions (www.optimum.media/order-terms), and any guidelines set by Optimum’s ad-serving partners, which may be more restrictive.
The Guidelines require that all advertising inserted and/or distributed by Optimum be presented in a manner that is truthful, tasteful, and not misleading or deceptive. Advertising must fully comply with Legal Requirements, including regulations issued by the Federal Trade Commission (“FTC”), Food and Drug Administration (“FDA”) and Federal Communications Commission (“FCC”).
Optimum, from time to time, at any time, and at its sole discretion, may modify these Guidelines for any reason, including so as to accommodate changes in Legal Requirements (defined below) or changes in Optimum (or industry) practices.
Advertisers bear the ultimate responsibility for complying with Legal Requirements and should be particularly diligent with advertising claims, ensuring that they satisfy the FTC’s substantiation standards. Additionally, advertising content must be clearly and accurately presented to prevent ambiguity and audience confusion. Advertisers are encouraged to consult their professional advisors regarding Legal Requirements.
Optimum’s Content Department (“Ad Compliance”) oversees the implementation of these Guidelines. However, final discretion regarding their scope, interpretation, and enforcement rests with Optimum’s Legal Department.
Definitions and Caveats:
· “Ads” and “advertising” are used interchangeably in these Guidelines. However, "ads" generally refers to individual advertising content (e.g., commercials, banners, videos, texts), while "advertising" refers to the broader process, industry, or strategy of promotion.
· “Include” and “including” mean "include, without limitation" and "including, without limitation," respectively. Any language following these terms does not imply an exhaustive list.
· “Legal Requirements” refers to all applicable laws, rules, regulations, and industry self-regulatory guidelines, as amended from time to time.
· Examples provided in these Guidelines are for illustrative purposes only and are not a complete list.
· Any approval required under these Guidelines must be obtained in advance in writing (email is sufficient). Optimum may withhold or revoke approval for any reason.
· Notwithstanding anything contained herein, Optimum may, at its sole discretion, apply additional requirements or make additional requests regarding any advertising purchase.
· Even if these Guidelines indicate that a particular type of ad "is accepted" or "may be accepted," this does not guarantee that Optimum will approve or run the ad. All ads remain subject to Optimum's final approval.
Optimum reserves the right, IN ITS SOLE DISCRETION, at any time, TO: (1) accept, reject, or require revisions of any advertising or other material submitted for insertion and/or distribution, regardless of compliance with these Guidelines; (2) adjust advertising schedules based on content considerations, audience composition, and program compatibility; (3) investigate advertisers and verify the accuracy of all statements and claims made in advertising materials; and (4) revoke approval of any advertising FOR ANY REASON, INCLUDING IF THE ADVERTISING conflicts with Optimum’s standards, policies, and/or in response to emergency circumstances or situations of unusual significance. SUCH ACTIONS will in no manner be construed as a waiver of any rights by Optimum, nor any rights and remedies that may be available to Optimum at law, in equity, under contract, or otherwise. NOTWITHSTANDING anything to the contrary, Optimum’s review, acceptance, rejection, or requested revisions of any advertising or other materials does not constitute legal advice, assure compliance, or create any OBLIGATIONS ON, OR liability for, Optimum IN ANY MANNER.
GENERAL GUIDELINES
Artificial Intelligence
Ads generated using artificial intelligence (“AI”) will be considered on a case-by-case basis. Any AI-generated elements must be clearly disclosed to ensure transparency and prevent misleading or deceptive content. Deceptive manipulated audio or visual images, created with malice, that falsely depict others without their consent are prohibited.
Clearance of Advertising Procedure
All ads require review and approval by Ad Compliance before insertion or distribution. Approval is not guaranteed.
Unless otherwise noted, all times and dates in these Guidelines refer to the local time of the applicable area. Under no circumstances does Ad Compliance’s review or approval create any liability for Optimum. Advertisers remain fully responsible for their ads at all times.
To initiate Ad Compliance review, the advertiser must submit:
· A copy of the ad (if produced) or if it is not yet produced, a rough-cut copy, storyboard, or script; and
· Any substantiation required to support the claims made in the ad (see “Claim Substantiation” below).
Optimum may also request the following:
· A product sample and label/package insert.
· Authentication of all testimonials and/or comparisons.
· Studies, surveys, tests, research reports, and other data from professional institutions that support the claim(s).
· Any other information needed or advisable to comply with these Guidelines, company policies, or Legal Requirements.
To avoid delays, materials must be submitted according to Ad Compliance requirements and sufficiently in advance of the scheduled distribution date. All ad materials for linear advertising must meet Optimum’s linear technical specifications (www.optimum.media/client-guidelines).
Ads must include clear sponsorship IDs (e.g., who paid for the ad). Ads to be distributed on any broadcast properties must comply with FCC rules governing sponsorship identification, including the required disclosure if a foreign governmental entity paid a radio or television system, directly or indirectly, to distribute the ad.
The display of record label/song title/artist names may be prohibited during advertising on music properties. The display of a network bug/watermark is prohibited in advertising for competitive programming.
Techniques that mimic news tickers (e.g., horizontal crawls in the lower third) are prohibited if they could be confused with an actual news presentation.
Questions regarding the Guidelines and the delivery of materials should be directed to the advertiser’s applicable account executive.
Confidentiality
All information and materials submitted by the advertisers to Optimum Ad Compliance will be treated confidentially.
Claim Substantiation
All material claims, express or implied, including references to research or survey results, must adhere to Legal Requirements, including those of the FTC and FDA.
Ad claims must be substantiated with valid and relevant scientific and/or market research. Substantiation may include research methods such as laboratory testing, clinical studies, surveys, and field tests.
To avoid post-production revisions or other last-minute issues, appropriate substantiation must be submitted in accordance with Optimum Ad Compliance requirements and sufficiently in advance of production or the scheduled insertion and/or distribution date.
Substantiation may be required by Ad Compliance.
Ad Compliance approvals are automatically revoked when previously provided substantiation is no longer valid. For example, if new scientific research shows that an ingredient used in a product no longer yields the results that are reflected in an approved ad, the approval will expire. Advertisers must notify Optimum in writing if previously provided substantiation becomes invalid and must update substantiation even if less than one year has passed since the initial approval.
Community Sensibilities
Ads must be free of obscene, indecent, profane, vulgar, or any other language, gestures, or images—as determined solely by Optimum. However, Optimum may accept ads for television shows, films, or similar content, subject to applicable channel restrictions (e.g., such ads will not air during children’s programming).
Ads must not stereotype, demean, misrepresent, ridicule, discriminate against, or attack individuals based on factors such as sex, sexual orientation, gender identity, gender expression, race, culture, ethnicity, color, creed, religion, age, national origin, or disabilities.
Advertising that promotes or depicts violence, crime, or any other form of anti-social behavior is prohibited.
Optimum may, on a case-by-case basis, accept ads containing content related to news or current events, or content included within scripted or similar programming where the primary purpose is entertainment (e.g., a feature film or television series).
During national and international events or unforeseen circumstances, previously approved ad content may be reconsidered or reexamined.
Comparative Advertising
Comparisons and demonstrations must highlight specific differences between advertised products or services and compare similar properties or ingredients. Such comparisons must be significant and meaningful.
Advertising that includes comparisons, demonstrations, tests, experiments, or similar exhibitions may, at Optimum’s sole discretion, require an affidavit signed by the advertising producer (or another supervisory individual) who personally observed the production. Such affidavit must attest that the demonstration: is accurate; was performed using consumer-available samples or prototypes that perform identically to the actual product; and did not involve any mock-ups, modifications, or alterations. Modifications and alterations may only be used if they are clearly disclosed to the viewer and do not mislead them with respect to any material feature.
The advertiser must substantiate all comparative claims, comply with Legal Requirements and industry standards, including those of the National Advertising Division of the Council of Better Business Bureaus, and adhere to the following:
· If competitors are identified, present them fairly; otherwise, the claim must apply to at least 85% of the market;
· Refrain from unfair business practices, including content that disparages, defames, slanders, libels, or misrepresents competitors in a deceptive or misleading way; and
· Use side-by-side product comparisons only if the advertiser fully substantiates all claims.
Competitive Ads
Optimum reserves the right to reject any ad it deems contrary to its business interests. At its sole discretion, Optimum may consider advertising for products or services that compete with it or its businesses, provided they comply with the following, as well as any other requests or requirements that may be imposed:
· The ad must not mention, reference, or identify the day, date, or time of the program/event.
· Competitive ads from MVPDs, VMVPDS, OTT, or DTC offerings may be prohibited.
· The creative must not exceed thirty seconds.
Contests/Sweepstakes
Advertising for an advertiser-sponsored contest or sweepstakes is accepted, provided that the contest or sweepstakes is designed and executed in full compliance with Legal Requirements, including those governing lotteries, games of chance, prizing, and gifts. Additionally, any advertising that includes contests or sweepstakes must provide the following information:
· How to obtain a complete set of rules;
· Approximate retail value of the prize;
· Information on alternative methods of entry (if applicable);
· Entry deadlines for the promotion;
· Any restrictions and/or eligibility requirements;
· The name and contact information of sponsors or prize suppliers;
· A reference to participating locations, if only certain retail outlets are involved;
· Proof of bonding and registration (when required); and
· Disclosures stating “No Purchase Necessary” and “Void Where Prohibited.”
Advertisers must retain a hard copy of the promotion rules and a copy may be required by Ad Compliance.
Controversial Content
Optimum will consider advertising that presents a position on issues of public controversy on a case-by-case basis, with the right to accept or reject it at its sole discretion. Ads may be restricted from specific programming or Optimum Properties. Such advertising may be prohibited if:
· Any content within, referenced in, or associated with the ad, or otherwise disseminated by the advertiser, is deemed offensive;
· It is a personal attack, an attack on an individual business, or a comment on a private dispute;
· It contains violent, graphic, or otherwise offensive content that Optimum deems inappropriate for its audience; or
· Its content or style of production is inconsistent with company policies or general standards, as determined solely by Optimum.
Data Collection
Neither advertisers nor their agents may collect personal information, directly or indirectly, through ads, including on Optimum Properties, without Optimum’s approval. If approved, all collection and processing must comply with Optimum’s requirements and all Legal Requirements, including privacy laws, industry self-regulatory guidelines, and platform terms and policies. Any third-party technology (e.g., tags, pixels) added to ads also requires Optimum’s approval.
Digital
Insertion and distribution of digital ads (e.g., on websites, applications, DTC platforms) and associated properties and brands (e.g., program titles) is accepted, provided it complies with Legal Requirements, including the Digital Advertising Alliance guidelines and rules promulgated by the FTC and COPPA, and the CARU guidelines. For more information on advertising on Optimum digital properties, visit www.optimum.media.
The following technical guidelines apply to digital advertising:
· Advertising content must be clearly identifiable as an ad and the name of advertiser must be readily understood by the viewer.
· Ad units with a white or partially white background must have a visible one-pixel non-white border. Creative must meet size specifications.
· Advertisers must provide a privacy policy accessible within one-click from the ad unit’s linking page.
· Ad units must link to an active page.
· Linked creative must open in a new window.
· User-initiated audio is allowed; host-initiated sound is not.
· Placeholder or non-final ad content will not be accepted as a proxy for final creative.
· Digital advertising materials must comply with Optimum’s digital technical specifications (www.optimum.media/client-guidelines).
Disclaimers/Supers/Crawls/Disclosures
Disclaimers must not contradict or materially alter an advertising claim. Superimposed copy qualifying a claim must be clearly readable against a plain, contrasting background and positioned within the screen’s safe area. Visual supers must remain on screen for at least three seconds for the first line, with each additional line requiring one more second (e.g., a three-line disclaimer must be displayed for five seconds total), unless Legal Requirements specify otherwise. Visual disclaimers must be in an easy-to-read font and remain on screen long enough to be noticed, read, and understood by a typical viewer. Audio disclaimers must be clear, loud enough to be easily heard, and spoken at a pace that allows the typical listener to understand them. Horizontal crawls in the lower third of the screen are strictly prohibited. Optimum may require specific disclaimers/disclosures depending on the advertised service, product, or promotion.
Dramatizations/Re-Enactments
Ads featuring dramatizations or reenactments of actual events must include a disclosure stating that the event is a dramatization or a reenactment.
Emergency Advisories
The use of false or deceptive Emergency Alert System and Wireless Emergency Alert System signals, tones, simulations or related sound effects that may confuse or alarm viewers/listeners (e.g., “We interrupt this program,” “Attention,” “This is a test”) is prohibited in all content, including programs, ads, paid programming, PSAs, promos, and interstitial material.
Endorsements/Testimonials
Any connection between an endorser and the advertiser that could affect the credibility of the endorsement must be fully disclosed in a disclaimer.
Endorsements and testimonials must comply with the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, and advertisers must adequately substantiate all express and implied claims made via endorsements.
Advertisers must be able to provide a signed affidavit and release for the name, likeness, and testimonial of all endorsers featured in the ad.
Endorsements and testimonials must be truthful and accurately reflect the opinions, findings, or experiences of the endorser. They may not contain representations that would be deceptive or could not be substantiated if made directly by the advertiser.
If an endorsement on a central or key attribute of a product or service does not reflect typical consumer outcomes, the ad must clearly and conspicuously disclose either:
· The generally expected performance under the depicted circumstances; or
· The limited applicability of the endorser's experience to typical consumer expectations.
Endorsements by Optimum talent require Optimum’s approval.
Environmental Claims
Advertising must comply with Legal Requirements, including the FTC’s Guides for the Use of Environmental Marketing Claims. Any express or implied claims about a product, package, or service’s environmental attributes must have a reasonable basis. This includes descriptors such as: “eco-friendly,” “climate-friendly,” “green,” “recyclable,” “non-toxic,” “biodegradable,” and “compostable.” Such descriptors must be accurately qualified.
“Live”
Advertising that inaccurately uses the term 'live' or misrepresents content as real-time distribution is prohibited.
Multiple Products/Services
Ads may not feature multiple products or services simultaneously unless they are part of an overall advertising campaign (e.g., a restaurant chain promoting toy characters from a movie with children's meals).
National Availability
Ads promoting products or services as available “nationally” must have at least 51% U.S. distribution through generally available channels (e.g., retail, advertiser website) at the time the ad is distributed, unless otherwise clearly disclosed (e.g., “Coming Soon,” “Not yet available in all areas”).
Ads for franchise or chain retail outlets must state that the product or service is only available at participating locations unless it is offered at all locations.
New/Introducing
Per FTC policy, advertisers may use the term “new” only for a period of six months after a product reaches national (51%) distribution. Product samples and/or labeling may be required for new products.
News Techniques
Ads must not use language, audio or visuals, or formats that mimic news content or settings in a way that could mislead viewers. Optimum may, at its sole discretion, prohibit other similar techniques.
Piracy/Infringing Activities
Optimum respects intellectual property rights and does not knowingly accept ads for products, services, or mechanisms that infringe or facilitate infringement. Prohibited activities include unauthorized selling or offering of content on unauthorized platforms, circumvention of copyright or trademarks, and illegal peer-to-peer sharing. Advertisers are fully responsible for any claims based on intellectual property infringement or misuse.
Programmatic Advertising
Programmatic advertising may not be reviewed by Ad Compliance but must still comply with these Guidelines.
Public/Governmental Symbols
Advertising must not disrespect flags, national emblems, anthems, monuments, or similar symbols. Direct or implied use of a governmental office or figure without official approval is prohibited. Military or law enforcement uniforms and vehicles require prior approval from the relevant agencies.
Safety
Advertisers must comply with safety procedures under Legal Requirements, industry policies, and practices deemed prudent by Optimum (e.g., seatbelt use, bicycle helmets). Ads that disregard safety precautions are prohibited. Unqualified safety claims (e.g., “safe,” “harmless”) are prohibited. If a product’s packaging, label, or insert includes a caution or presents a potential hazard in normal use, it cannot be marketed as inherently safe.
Care must be taken to ensure children are not inadvertently encouraged to engage in dangerous activities. Children may not be shown using or near a product or situation recognized as potentially dangerous to them, except under proper adult supervision.
Sponsor ID/Commercial Mentions
Sponsorship identifications must comply with the Communications Act, FCC rules and regulations, and any other Legal Requirements. The sponsor(s) must be appropriately identified in all cases. All ad content, including commercial ads and public service announcements, must clearly identify the party responsible for the message and the party paying for the ad. The advertiser named in the ad must match the client listed on the business account, unless the account is managed by an authorized agency or distributor placing ads on behalf of multiple clients. In those cases, the agency or distributor must provide a valid Letter of Authorization or Agency of Record (AOR) confirming their authority to represent the advertiser featured in the ad. This requirement also applies to ads promoting nonprofits or other public interest messages; if the advertiser is not mentioned in the content, the creative must include clear attribution such as “This message brought to you by [Advertiser Name]” or similar language to ensure proper sponsorship disclosure.
Optimum Programming
Certain Optimum programming may allow paid placement or integration of commercial products or services. Such placements or integrations must always be disclosed at the time of distribution using language such as “promotional consideration paid by” or “sponsored by,” or as required by Legal Requirements.
If a party provides any consideration (including prizes) for the distribution of specific program material, a disclosure stating the material is “sponsored by” or “paid for by” that party must be included. Any “teaser” advertising the program or promotion must mention the sponsor and/or its product. All programming must adhere to Optimum’s programming guidelines. Optimum does not allow product placement or integration within newscasts and does not provide news coverage in exchange for business. Optimum may, on a case-by-case basis, accept sponsorship of certain sports, health, weather, and specialty segments in newscasts, subject to appropriate disclosures.
Standard Advertising
For standard advertising of a commercial product or service (e.g., not product integration or placement), sponsorship identification is sufficient if the sponsor’s corporate name, trade name, or product name is mentioned in the content. Issue and candidate advertising require additional disclosures. A website URL alone does not constitute adequate sponsorship identification unless it is the official name of the sponsor.
Subliminal Messages
Use of subliminal perception techniques is prohibited, including any audio or video method that transmits information below the threshold of normal awareness (e.g., subliminal images or sounds).
Talent/Brands/Logos/Programming in Advertising
Requests to include, use, or mention Optimum talent, brands, logos, or programming in ads will be considered on a case-by-case basis and require approval from authorized Optimum personnel. Optimum’s standard policy prohibits news anchors or reporters to appear in ads, and talent may not appear in political advertising or solicit donations absent Optimum approval.
Targeted Advertising
Advertisers are responsible for ensuring that all targeted advertising complies with applicable Legal Requirements, including ensuring that consumers in the targeted segments have been properly notified that their data may be used for such purposes and have been provided with a clear and conspicuous opportunity to opt out.
Telephone Number Information
U.S. Domestic: Ads featuring telephone numbers must include the applicable area code.
International: Ads with international telephone numbers must clearly state that additional charges may apply.
900 Services (Entertainment): Ads with 900 numbers may be accepted provided they include:
· The cost of the initial call and charges for each minute thereafter;
· Information regarding the cost for party lines, conference calls, or any other pay-per-call services to which the caller may be transferred; and
· A statement indicating the service is available only to individuals 18 years of age or older.
Texting Services
Mobile texting ads may be accepted if they comply with Legal Requirements and, if applicable, clearly disclose that message and data rates may apply.
Third-Party Rights
Optimum strictly prohibits advertising that includes any intellectual property without the owner’s explicit consent, including music rights and rights of publicity. Optimum will reject any advertising that could reasonably give rise to claims of infringement, misappropriation, or unfair competition.
By submitting advertising materials, the advertiser represents and warrants that all elements have been lawfully cleared. Optimum reserves the right to demand proof of clearance at any time, and failure to provide sufficient documentation may result in rejection or removal of the ad.
Use of Optimum Intellectual Property
Optimum strictly prohibits any use or implication of an association with its intellectual property (e.g., logos, trademarks, tradenames, programming, talent) without explicit approval. Any granted use is subject to Optimum’s conditions and may be revoked at any time.
Reservation of Rights
Optimum retains full authority over all aspects of its business and operations including clearance, scheduling, programming, distribution, and insertion of ads. Optimum may:
· Review, accept, reject, or revoke approval for any advertising at any time, regardless of prior clearance.
· Conduct background and financial inquiries on advertisers.
· Verify the accuracy of all statements and claims in advertising.
· Request any additional documentation deemed necessary to substantiate claims, beyond what is required under these Guidelines.
· Require modifications, additions, or eliminations of ad content.
· Control the scheduling, format, quantity, and duration of ad breaks during and adjacent to programming distributed by Optimum.
· Determine ad placement and frequency.
· Curate which promotions and announcements appear within each advertising break.
· Take any other action in its sole discretion.
ADVERTISING CATEGORIES
Advertising in the categories below must comply with both Legal Requirements and the additional standards outlined. For clarity, references to specific laws or regulations do not limit the advertiser's obligation to meet all applicable Legal Requirements.
Adult Products
Sexually explicit advertising is prohibited. However, tasteful and sensitive ads for beneficial, non-explicit intimate, personal care, contraceptive, and fertility products or services will be considered on a case-by-case basis, subject to scheduling restrictions. See Community Sensibilities section above.
Advocacy
Advertising designed to express views or influence legislation on widely controversial issues (as determined by Optimum) may be accepted by Optimum at its sole discretion. However, ads that address issues of national or critical importance will be considered on a case-by-case basis.
Alcoholic Beverages
Advertising for alcohol products and services must adhere to generally accepted standards of good taste and the DISCUS guidelines, subject to scheduling restrictions. Use of Optimum talent, professional athletes, or amateur sports figures in such ads will be considered on a case-by-case basis.
The following disclosures are required:
· The corporate name, city, and state address of the beverage brewer, producer, packer, wholesaler, or importer responsible for the ad;
· The corporate name of the distiller/distributor when it forms part of the brand name or is required by Legal Requirements; and
· A “drink responsibly” or similar message in audio and/or video.
Advertising must not:
· Target, portray, or encourage alcohol consumption by individuals under the legal age;
· Equate alcoholic products with a “mark of adulthood” or “rite of passage;”
· Portray alcohol as needed for social status, success, sexual appeal, athletic performance, stress relief, or as the sole purpose of an activity;
· Use terms such as “extra strength” in association with alcohol products;
· Promote alcoholic products by highlighting their intoxicating effects;
· Associate alcohol consumption with activities requiring alertness, dexterity, sound judgment, or safe operation of machinery;
· Depict excessive consumption, drunkenness, or loss of control/inhibitions as positive or humorous;
· Degrade the image, form, or status of any group (e.g., women, men, ethnic groups) through the use of alcohol;
· Employ lewd or indecent images, language, or religious themes; or
· Gratuitously use alcoholic beverages as props in advertising for non-alcoholic beverages.
Specific Advertising Categories and Conditions:
Beer, Malt Beverages, Champagne, and Wine
Advertising for products with an alcohol content of to 24% alcohol will generally be accepted.
Malt beverage advertising must include a disclosure that the product is a malt beverage.
Non-Alcoholic Products Used with Distilled Spirits
Advertising for non-alcoholic products intended for use with distilled spirits is accepted, provided that the ad does not explicitly or implicitly reference distilled spirits or cocktails commonly associated with them (e.g., “Screwdriver,” “Bloody Mary,” “Martini”).
Retail Store Liquor Ads
Advertising for liquor stores featuring beer, wine, or champagne products is accepted, provided the advertised products do not exceed 24% alcohol content. Ads promoting products above this threshold will be subject to the restrictions outlined in the Hard Liquor sub-section below.
Restaurants and Other Service-Based Businesses
Restaurants, airlines, and other businesses where alcohol is not the primary product or service may incidentally and casually mention or display the availability of “cocktails” in their advertising.
Hard Liquor
Advertising for hard liquor is accepted, provided it complies with DISCUS guidelines, including meeting the audience composition requirement (i.e., at least 73.8% of the audience is reasonably expected to be 21 years of age or older).
Rehabilitation Clinics
Advertising for treatments and/or clinics intended for the treatment and relief of alcohol abuse may be accepted.
“Hangover” Products
Advertising for “hangover” products is accepted, provided that all claims are substantiated. Such ads will only be placed in programs where at least 73.8% of the audience is reasonably expected to be 21 years of age or older.
Animals
Advertising that depicts inhumane treatment of animals is prohibited. If animals are featured in an ad, a letter from the Humane Society or a certified trainer confirming compliance with humane treatment standards may be required.
Anti-Law Enforcement Devices
Advertising for devices intended to interfere with law enforcement or law enforcement personnel, including radar detectors (e.g., radar or signal jamming devices, items designed to obscure license plates), is prohibited.
Automobile Dealers
Advertising for automobiles must include the make, model, and year of the vehicle and must indicate whether the vehicle is used. If the ad features vehicles with optional features not included in the stated price, an appropriate disclosure is required. Any material related to leasing or financing terms must comply with the Financial Advertising section below.
Bait and Switch Techniques
Advertising using “bait and switch” techniques (e.g., featuring unavailable goods to mislead consumers into purchasing alternatives) is prohibited.
Billboards
All billboard claims (e.g., in-program graphics) must be supported by necessary disclaimers. Billboard placement is subject to scheduling restrictions.
Cannabis/Cannabidiol (“CBD”)
Advertising for cannabis, CBD, and related products (e.g., ingestibles, gummies) and services (e.g., dispensaries, medical clinics) will be considered on a case-by-case basis, subject to scheduling and geotargeting restrictions. The advertised product or service must be legal in the territory where the ad is to be distributed. The advertiser must certify that all necessary licenses have been obtained and that all Legal Requirements, including those set by the FDA and the United States Department of Agriculture (USDA), have been met.
Advertising for hemp-based topical products (e.g., hemp-based CBD oil) containing 0.3% THC or less on a dry weight basis is generally accepted.
Optimum may require the advertiser to provide a list of all other media outlets where submitted advertising is currently being distributed.
The following disclosures are required:
· “Claims in this ad have not been evaluated by the Food and Drug Administration;”
· “The product/service is not intended to diagnose, treat, cure or prevent any disease;” and
· “Results may vary. Consult with your doctor or healthcare provider before use.”
Advertising must not:
· Make treatment, medical, or health claims, false or misleading claims, or imply an association with adult or unlawful products;
· Depict or link to URLs, websites, or applications that:
o Are not age-gated;
o Sell products or services that are illegal in the jurisdiction where the ad is distributed; or
o Include treatment, medical, or health claims;
· Target, portray, or encourage consumption by individuals under the legal age;
· Fail to geotarget advertising exclusively to territories where both the ad and the advertised product or service are legal;
· Use creative elements, personalities, or imagery that appeal to minors, or feature minors or any at-risk group in advertising;
· Show, promote, or depict product consumption, or portray individuals appearing to be under the influence;
· Depict, promote, or encourage the transport of products across state lines; or
· Promote a service or product that is legal in one territory to audiences in a territory where it is not legal (e.g., a Florida clinic connecting physicians for the prescription of medical marijuana to New Jersey residents).
Charitable Appeals
Advertising for charitable appeals and fundraising is reviewed case-by-case and requires clear sponsorship identification where applicable.
Children's Advertising
Advertisers may not direct advertising to children 13 years of age or younger without Optimum’s approval. Approved ads must comply with all applicable Optimum conditions and Legal Requirements, including the COPPA and CARU guidelines, and advertisers must certify such compliance.
Any advertising distributed during or immediately after children’s programming must be age-appropriate and adhere to the following:
Children’s advertising must:
· Disclose, in both text and audio, if the advertised product requires partial or full assembly, additional items to function as depicted (e.g., “Batteries Not Included”), or an additional purchase to complete (e.g., “Dolls Sold Separately”);
· Use simple, clear language in both text and audio for all disclaimers and disclosures, ensuring they are easily understood by children;
· Present any comparative information clearly in a way children can understand (see Comparative Advertising section above);
· Refer only to websites that comply with Legal Requirements and industry standards for children’s privacy protection. Personal information, as defined under COPPA and related FTC guidance, must not be collected from children on Optimum Properties; and
· Depict adult supervision when advertising products labeled 'Keep out of reach of children' or similarly, but that are beneficial to children (e.g., dental products, sunblock). Advertisers must provide scientific evidence proving the product does not pose a danger to children.
Children’s advertising must not:
· Include “host-selling”, where a character from a program appears in a related ad;
· Blur the distinction between program content and advertising;
· Direct children to ask a parent or other person to purchase a product or service;
· Cause or provoke confusion, fear, anger, or anxiety in children;
· Depict dangerous activities that children might imitate;
· Portray violent, dangerous, or antisocial behavior;
· Show guns, realistic weapons, or depictions of violence;
· Feature tobacco, drugs, alcohol, or vaping products;
· Use inappropriate language, offensive humor, suggestive themes, or sexual references;
· Reference non-prescription medications, supplements, alcohol, personal care products, or items with child warning labels;
· Misrepresent, glamorize, exaggerate, or distort the characteristics or use of a product or service;
· Use peer or parental pressure or approval tactics (e.g., “You have to see this film!”);
· Oversimplify pricing by using words that could mislead or confuse a child (e.g., “just,” “only”);
· Refer to 900 numbers or pay-per-call services, except for bona fide educational products or services;
· Promote unrealistic body image expectations or imply appearance is linked to, or determines, social status, success, or self-worth; or
· Encourage excessive or indiscriminate consumption of any product.
Food/Nutrition
Advertising for food products must:
o Promote generally accepted nutritional standards in all food advertising; and
o Advertising for breakfast-type products must include at least one audio and/or video depiction of a well-balanced meal.
Advertising for food products must not:
o Encourage unhealthy eating habits or misrepresent nutritional value;
o Depict excessive food or beverage consumption or promote eating habits that contradict generally accepted nutritional standards;
o Associate food or beverages with emotional well-being (e.g., suggest stress relief, provide comfort, or contribute to happiness); or
o Promote unrealistic body image expectations or imply appearance determines social status, success, or self-worth.
Films/Programming
Advertisers must ensure that only age-appropriate films and programs are advertised to children. If an industry rating system applies (e.g., the Motion Picture Association of America (“MPAA”) rating for films), the rating label must be prominently displayed.
Toys
Advertising for toys must:
o Clearly depict the product in the body of the advertising;
o Appropriately inform viewers if additional items (e.g., batteries) are needed to make the product functional;
o Present the product by still video during the last four seconds of the advertising; and
o Where applicable or when deemed prudent, portray generally recognized safety standards.
Advertising for toys must not:
o Distort, misrepresent, or glamorize the product;
o Reference optional extras that are not included with the toy; or
o Contain costumes or other props that do not accompany the toy, or that are not readily available to children without additional cost.
Games
Advertising for entertainment software (e.g., gaming console software) directed at children under the age of 13 must:
o Include and disclose industry-sponsored ratings in video and audio; and
o Be limited to products rated E (Everyone) or E10+ (Everyone 10 and older) by the Entertainment Software Ratings Bureau (“ESRB”).
Adult-Targeted Spots
Subject to Ad Compliance approval, adult-targeted advertising placed within children’s programming will be considered case-by-case.
Direct Response
Direct response advertising must:
· Include the full name, street address, city, state, and zip code of the sponsor and/or the order address. If a web address is provided, an alternate mailing address or toll-free number must also be included;
· Clearly disclose the price of the product, along with any additional charges beyond the advertised price (e.g., postage, shipping, and handling);
· Indicate the actual anticipated time for delivery if it will exceed thirty (30) days from order date; and
· Provide customers with a refund for returned items, either through disclosure in the ad or via written submission to Ad Compliance.
For program-length paid advertising, see Infomercials section below.
Financial Advertising
Advertising for financial products and services (e.g., cryptocurrencies, blockchain, and other speculative financial products) must comply with all applicable securities laws, including those of the Financial Industry Regulatory Authority (FINRA), the Municipal Securities Rulemaking Board (MSRB), and the Securities and Exchange Commission (“SEC”).
Financing advertising must:
· Clearly and accurately describe the product and/or service; and
· Present the following information visually or orally:
o Name and type of product or service (e.g., credit card, debit card, loan, consumer lease);
o Relevant restrictions and qualifications (e.g., ATM withdrawal fees); and
o Disclaimer: “Other charges will apply. Consult the terms and conditions of use agreement.”
Credit Cards
Advertising for credit cards must not:
o Misrepresent a product as a credit card if it is not; or
o Guarantee loan or credit card approval while requiring upfront fees.
Credit Repair or Debt Consolidation Services
Advertising for credit repair or debt consolidation services will be considered on a case-by-case basis. Optimum may require the advertiser to provide proof that it is licensed to operate in the state(s) in which the ad is to be distributed. The advertising must include all applicable terms related to the offered product or service (e.g., interest rates, fees).
Advertising must not:
o Offer to repair consumers’ credit but charge upfront fees for such services;
o Recommend consumers not to contact credit reporting bureaus; or
o Make misleading promises, (e.g., “We can erase your bad credit – 100% guaranteed, create a new credit identity – legally” or “We can remove bankruptcies, judgments, liens, and bad loans from your credit file forever”).
Automobile Financing
Advertising for automobile financing must disclose applicable financing terms, conditions, and charges and comply with all requirements of the Truth-In-Lending Act (Regulation Z).
Stocks/Bonds
Advertising for the purchase of specific stocks or bonds that includes quotes or prices is prohibited.
See Investment Services below.
Firearms/Weapons
Advertising for firearms, ammunition, or other dangerous weapons/devices is subject to heightened scrutiny. While we do not accept ads featuring specific firearm models, prices, or ammunition, general imagery—such as rifle displays or individuals viewing firearms at a gun show—may be considered if contextually appropriate. Advertising for gun shows, retail department stores, sporting goods stores, or outdoor/camping stores will be considered on a case-by-case basis.
Fireworks
Advertising for fireworks will be accepted only in states where such advertising is legal. Ads must not depict children without adult supervision and must include the disclaimer: “For use only where permitted by law.”
Food and Nutrition
All food advertising must comply with food labeling Legal Requirements, including those issued by the FDA, the USDA, and the Nutrition Labeling and Education Act of 1990 (“NLEA”). Additionally, advertising must meet the following standards:
· Nutrient descriptions (e.g., “low fat,” “good source”) must comply with their applicable NLEA definitions.
· Health claims must emphasize the importance of a balanced diet and be scientifically substantiated.
· Advertising for meal substitutes will be considered on a case-by-case basis.
· Overly broad or exaggerated health or nutritional benefit claims are prohibited.
· Advertising must not overstate the nutritional value of food or claim that ingredients enhance mental or physical abilities (e.g., energy drinks, energy boosters, or mood/intellectual enhancers), unless scientifically substantiated.
· Ads targeting children must also comply with the Children’s Advertising section above.
Gambling
Advertising for gambling activities is generally prohibited, including advertising for gambling-related publications, “tip sheets,” or services designed to promote gambling or improve odds. However, the following exceptions may be considered, subject to Legal Requirements and additional restrictions:
Hotels and Resorts with Casinos
Advertising for hotels and resorts with casinos may be accepted provided that:
o The advertiser provides a copy of its valid and active casino license to Ad Compliance;
o The ad does not depict or promote gambling activities (e.g., individuals actively gambling); and
o “Casino” is used only if it is part of the legal business name (e.g., ABC Resort Hotel and Casino).
Lawful Gambling
Advertising for legal gambling activities (e.g., horse racing tracks) may be accepted provided that the ad:
o Is not instructional (e.g., does not explain how to play or bet);
o Does not encourage betting or provide information on bookmaking, odds, or changes in odds;
o Includes the disclaimer: “Void where prohibited” and a responsible gaming message (e.g., “Play Responsibly” or gambling addiction help resource (e.g., “1-800-GAMBLER”); and
o Does not depict fictitious winners or winnings or misrepresent actual winners or winnings.
State Lotteries
Advertising for official state lotteries may be accepted provided that the lottery is conducted within the state where the advertising is distributed, by a system licensed to a location in such state, and in compliance with Legal Requirements. Advertising for any state lotteries out of the state’s location or community’s license will be considered on a case-by-case basis.
Native American Gaming
Advertisers seeking to place Native American Gaming ads on Optimum Properties must demonstrate to Optimum’s satisfaction whether the games fall under Class I (ceremonial/celebratory), Class II (bingo/lotto), or Class III (casino gambling/sports betting).
For Class II (bingo/lotto), advertisers must demonstrate that such games:
o Will be held on tribal land;
o Will be operated by the tribe; and
o Are permitted in the state where the activities take place, as well as in any state where the local system is located or licensed.
For Class III (casino gambling/sports betting), advertisers must demonstrate that such games:
o Will be held on tribal land;
o Will be operated by the tribe; and
o Are permitted by a tribal-state compact entered between the Native American Tribe (that owns/operates the casino) and the state where the gaming occurs, with approval from the National Indian Gaming Commission.
If a local system is in a different state from where the gaming occurs, the system must also demonstrate that advertising the gaming is legal in both the system’s community of license and the state where the system is located (if different).
Private Casino Gambling
Advertisers seeking to place advertising on any local systems for private, commercial casino gaming must demonstrate the following to Optimum’s satisfaction:
o Casino gambling is legal in the state in which the casino is located; and
o Casino gambling is legal in both the local system’s community of license and the state where the system is located (if different), or the laws of these states do not prohibit casino gambling advertising.
Lotteries or Games of Chance
Advertising for lotteries or games of chance that involve the three elements of prize, chance, and consideration are generally prohibited, unless they involve the following limited activities:
o Bingo and similar games conducted on and operated by a Native American reservation licensed to operate such games;
o Lotteries operated by a governmental agency;
o Legal casino gambling in states where such gambling is conducted in conformity with local laws; or
o Games of chance where participants have the option to participate and equal chance to win for no consideration.
For any advertising that may be accepted under this category, the advertising must not:
o Mislead or exaggerate the chances of winning money or prizes;
o Directly or indirectly praise any person who engages in any form of gambling;
o Portray fictitious winners or prizes; or
o Otherwise falsely represent winners or prizes.
Sports Betting/Sports Books/Fantasy Sports/Daily Fantasy/Gambling Websites
Optimum will not accept gambling advertising for distribution in territories where such gambling is illegal. Subject to Ad Compliance approval, Optimum may accept such advertising for distribution in territories where it is legal.
Such advertising must adhere to the following standards:
o The advertiser must sign an agreement indemnifying Optimum against any losses resulting from acceptance of the advertising.
o The ad must include material terms and conditions of play and a prominently displayed disclosure indicating where the detailed terms and conditions can be found (e.g., a link to the advertiser’s website).
o Ads that include testimonials from “real players” require signed affidavits from the advertiser testifying to the veracity of claims.
o Ads featuring dramatizations, reenactments, or actors must disclose that they are not real or an exact depiction of actual events.
In addition, gambling advertising must prominently include:
o State(s) where advertised service is legal (e.g., “Only for players in New Jersey” and “Void where prohibited by law”);
o Legal age to play;
o If testimonials from winners are included, a disclaimer such as “Results not typical”;
o A responsible message such as “Play Responsibly” or a resource for gambling addiction help (e.g., “1-800-GAMBLER”); and
o Any other disclosures necessary to satisfy Legal Requirements.
Advertising for fantasy sports games will be considered on a case-by-case basis. The ads must identify states that prohibit paid entry and include necessary legal disclosures. The advertiser must have controls in place to prevent participation within restricted states. They must not overly emphasize money winnings or misrepresent odds of winning.
Online Gambling
Advertising for online gambling will be considered on a case-by-case basis. The advertiser must provide a copy of the advertiser’s license evidencing that the advertiser has been authorized by the applicable authorities to conduct online gambling.
Offshore Gambling
Advertising for offshore gambling is prohibited for advertisers not licensed in any U.S. state (e.g., cruise ships, offshore mobile apps, and offshore websites).
Other Gambling-Related Services or Platforms
Advertising for services or platforms that provide gaming practice or instructions only for educational purposes (e.g., poker schools) or are not explicitly addressed above, may be accepted on a case-by case basis.
Get-Rich Quick Schemes
Advertising for get-rich quick schemes that include misleading claims (e.g., promising employment or earnings) is prohibited.
Guaranty/Warranty
Advertising that offers a “guarantee” or “warranty” (or similar terms) must clearly and accurately disclose the material terms and conditions. It must also include audio and/or video disclosure indicating where consumers can access the complete written guarantee or warranty. Additionally, any lifetime guaranty or warranty must define the meaning of the term “lifetime.”
Health Related Products and Services
Advertising for health-related products and services, including traditional, over-the-`counter, and emerging medical treatments, is subject to strict scrutiny. Ads must not make or imply unfounded, extraordinary, or “miraculous” results, and all express or implied health claims must be substantiated by competent and reliable scientific evidence, such as clinical trials or consumer testing. Advertising must not suggest that any product or service is a substitute for regular medical care and must include appropriate disclaimers. All implied and express health claims must be evidenced by clinical studies and consumer testing. Advertising must not imply that a product replaces regular doctor visits and must include adequate disclaimers. To support any express or implied “doctor recommended,” “veterinarian recommended,” or similar claims, a nationally representative survey of at least 250 doctors in the relevant specialty must show at least 20% recommend the product.
Children 13 years or younger must not be included in adult-targeted advertising, except for incidental background appearances or in medication ads specifically for children. Scheduling restrictions may apply to health-related product advertising.
Ads featuring healthcare professionals must include proper disclosures (e.g., “Dr. John Doe is a licensed professional in Argentina”). Actors portraying healthcare professionals must provide affidavits and applicable disclaimers (e.g., “paid actor,” “dramatization,” “reenactment”).
Dietary Supplements
Advertising for dietary supplements must comply with the Dietary Supplement Health and Education Act of 1994 (DSHEA). Disclaimers such as “This product has not been evaluated by the FDA and is not intended to prevent, treat, cure, or diagnose any disease” may be required. Disease treatment claims are prohibited, except for FDA-approved statements. Claims must be supported by competent and reliable scientific evidence. Product labels must be submitted for compliance review.
Over the Counter Products
Advertising for Over the Counter (“OTC”) drugs and devices must be factual and include appropriate disclosures. The phrase “Use only as directed” must appear visually. Claims must be limited to FDA-approved indications and must not suggest treatment for severe conditions. Product endorsements or testimonials from medical professionals are discouraged. Efficacy claims based solely on labeling and/or dosing must be disclosed as such. Actors must not portray medical professionals.
Prescription Drugs
Consumer-directed prescription advertising must comply with the provisions of the Food, Drug, and Cosmetic Act and FDA regulations. Ads must clearly state that the product is available by prescription only and advise consumers to consult a healthcare professional. Advertisers must provide FDA clearance letters and substantiation for any claims not covered by labeling.
Medical Devices and Therapy Services
Advertising for medical devices/services offered by a state-licensed physician, therapist, or counselor is accepted. The advertiser may be required to provide Premarket Notification/FDA 510(k) confirmation.
White Coat Rule
Provided sufficient documentation supports any implied professional endorsement, healthcare professionals or actors portraying them may appear in prescription drug ads and ads for medical equipment or services accessed via a physician’s prescription and OTC drug ads and ads involving health considerations.
New and Emerging Treatments
Advertising for new or emerging medical treatments—including but not limited to gene therapies, regenerative medicine, stem cell treatments, experimental procedures, or digital therapeutics—will be evaluated on a case-by-case basis. These ads must comply with all applicable FDA or FTC regulations and may require additional substantiation, documentation, or disclaimers to ensure that claims are not misleading. Claims about efficacy, safety, or regulatory status must be clear, factual, and appropriately qualified to avoid misrepresenting investigational or non-FDA-approved therapies.
Hypnotism Services
Advertising for clinical hypnotism services will be considered on a case-by-case basis. Ads for such services must not depict hypnotic techniques that viewers could easily imitate.
Illegal Drugs
Advertising for products or services related to or associated with illegal drugs is prohibited. However, advertising for clinics offering drug abuse treatment and relief, as well as government advisories or PSAs on illegal drugs (e.g., about legal consumption) will be considered on a case-by-case basis.
Infomercials
Infomercials (e.g., program-length paid advertising) will be considered on a case-by-case basis and require a certification from the advertiser stating that neither the advertiser nor anyone involved in the production or distribution qualifies as a “foreign governmental entity” under FCC rules.
Infomercials must:
· State that the program is “paid for;”
· Clearly identify the sponsor and provide sponsorship information in compliance with FCC rules (e.g., “The following/preceding is/was a paid commercial program for [NAME OF PRODUCT] brought to you by [NAME OF SPONSOR]”). If missing, Optimum reserves the right to add the identification itself, by chyron over the program content;
· Display sponsorship information at the beginning (within the first 30 seconds) and end of the program;
· Repeat sponsorship information before each break if ordering instructions are provided;
· Avoid “call-ins.” If used, a video disclaimer must state the program is pre-recorded and that “callers” represent consumer testimonials;
· Provide required disclosures when displaying a phone number, website URL, or address for ordering or information; and
· Disclose all material terms and conditions for any continuity or negative option plan.
An appropriate disclaimer will be included at the beginning and end of the program similar to the following:
ORAL: “The program you are about to watch/have watched is/was a paid commercial announcement and [name of network or local system] is not responsible for the claims and representations made therein.”
WRITTEN: “The program you are about to watch/have watched is/was a paid commercial announcement. [name of local system] and [name of network] are not responsible for the claims and representations made in this program.”
If the program concerns a legal or medical service or product, then the written disclaimer must also include: “Viewers should always consult with an independent professional regarding their own specific circumstances before engaging in any particular course of action.”
Investment Services
Advertising for securities broker-dealers, financial planners, and real estate companies must be generic and must not promote specific investment vehicles, companies, or properties. Predictions about future investment results are prohibited. Past investment performance must include a disclaimer stating that it does not guarantee future results.
Online investment services must disclose material restrictions, such as potential delays in order execution due to market conditions. Real estate advertising must comply with all legal disclosure requirements and must not encourage investment in specific properties or vehicles.
Advertising for speculative financial products (e.g., cryptocurrency exchanges, soft/hardware wallets) will be considered on a case-by-case basis.
Mail Order/Telephone Order
Advertising for products ordered by mail, telephone, or on the internet must disclose all additional charges beyond the purchase price (e.g., postage, handling fees). If a continuity or negative option plan is involved, all material terms and conditions must be clearly stated.
The advertiser must provide Ad Compliance with:
· Its business address and telephone number;
· Confirmation of the money-back guarantee and refund policy; and
· Product sample and company literature.
Motion Picture and Home Entertainment Advertising
Advertising for domestic theatrical movies and home entertainment must include the MPAA rating and is subject to audience composition and program compatibility review before scheduling. Advertisers must ensure that movie ads align with appropriate audiences and meets the following standards:
· Advertising for “adult films,” “X” or “NC-17” rated movies is prohibited.
· Advertising for “PG-13” or “R” rated movies will not be placed during or adjacent to children’s programming.
· Advertising for unrated films will be considered on a case-by-case basis and must include a disclaimer stating the film is not yet rated.
Personal Products Advertising
Advertising for personal products/services (e.g., condoms, erectile dysfunction treatments, birth control devices or methods, or remedies for sexually transmitted diseases) must be presented in good taste and include appropriate disclaimers (e.g., “Use only as directed,” “Follow label directions”).
Ads may be subject to audience composition and scheduling restrictions. The inclusion of children will be considered on a case-by-case basis.
Political Advertising
Political advertising rules are complex, and these Guidelines do not cover all policies in detail. Optimum provides disclosure statements to potential political advertisers outlining the applicable policies.
Advertising will be accepted to provide reasonable access to legally-qualified candidates for federal office in compliance with Legal Requirements. Optimum’s national television networks do not accept state or local political ads, though systems may choose to do so on a race-by-race basis.
During non-campaign periods, time requests without a candidate’s voice or image, made on behalf of political parties or their spokespersons, will be considered on a case-by-case basis. Advertising related to voter initiatives and ballot issues will also be considered on a case-by-case basis.
All political advertising must comply with Legal Requirements, including sponsorship identification. Political advertisers are responsible for ensuring that both they and their ads meet Legal Requirements, including FCC regulations and the Bipartisan Campaign Reform Act.
Premiums/Offers
Advertising that includes premiums or offers not part of a contest or promotion may require the advertiser to provide a sample of the premium or offer. Any advertising that misrepresents the value of the premium or offer or poses consumer risks is prohibited.
Advertising must:
· Clearly disclose complete details of the premium or offer;
· Present information clearly and unambiguously;
· Disclose in the audio portion of the ad essential information (e.g., price, purchase requirements, offer dates, expiration);
· Display a minimum two-second still visual of the premium or offer in TV spots; and
· Simultaneously disclose in audio and visual any conditions attached to “free” offers.
Professional Services
Advertising for professional services (e.g., legal, accounting, medical) is accepted in a generic form, provided it complies with Legal Requirements and the ethical standards of the relevant profession and jurisdiction. It must not exploit fears, insecurities, or create false or unrealistic expectations. Advertising notifying class members of a court decision or settlement will be considered on a case-by-case basis and must include proper sponsor identification. All content must be factual, professional, and presented in a dignified manner. Advertising that provides professional advice or depicts professional procedures is prohibited.
Public Service Announcements
Optimum may accept on a case by case basis public service announcements (“PSAs”) from organizations (for which no charge is made by the advertiser and which is regarded as serving community interests, such as promoting programs, activities, or services of governmental or other nonprofit organizations), provided the message in the PSA is relevant and beneficial to its viewers. If payment is made, however, the announcement must include an appropriate sponsorship identification disclosure. For PSA clearance inquiries, please contact Ad Compliance.
Psychic Entertainment Services
Advertising for astrology, character reading, mind reading, numerology, palm reading, or similar subjects will be considered on a case-by-case basis and must include a disclaimer stating that the service is for entertainment purposes only and available only to individuals 18 years of age or older.
Advertising that promises specific results or includes black/white magic or witchcraft is prohibited.
Religious Products/Services Advertising
Religious advertising may be accepted on a case-by-case basis, including ads for religious items (e.g., books, recordings, artifacts) and announcements with general moral or ethical theme, meetings, religious services, or charitable activities. The advertiser’s name must be included with a disclosure stating the announcement has been “Paid for” or “Sponsored by” the advertiser.
Advertising must not:
· Discuss or promote sectarian doctrines or dogmas;
· Discuss issues that may be controversial;
· Solicit funds or contributions by religious organizations; or
· Offers relics, icons, or items claimed to be religiously blessed or having special religious power.
Social/Dating/Chat Services
Advertising for national dating and chat services will be considered on a case-by-case basis and may be subject to scheduling or channel restrictions. All ads must disclose material terms and age requirements (e.g., “For entertainment purposes only” and “Must be 18 years or older”).
Telehealth Platforms
Advertising for telehealth platforms (i.e., telecommunications services providing clinical healthcare via technology) will be considered for legally operating businesses with their principal place of business (address and phone number) in the United States and that comply with applicable Legal Requirements, including those of the FDA, FTC, and FCC. Advertising must not encourage self-diagnosis or mislead consumers into self-treatment.
Advertising must:
· Clear disclose service availability, limitations, exclusions, and restrictions;
· Be supported by factual information and adequate disclosures;
· Indicate that a doctor consultation is required for service access; and
· Disclose all applicable risks and information in relation to specific drug claims.
A letter from the advertiser’s legal counsel may be required certifying that the telehealth platform:
· Complies with Legal Requirements, including the FDA and all state pharmacy laws and regulations;
· Has a licensed pharmacist reasonably accessible during regular business hours to address consumer inquiries;
· Sells or enables FDA-approved prescription drugs;
· Dispenses medications via online questionnaires only where legally permitted;
· Operates pharmacy shipping services in states where the pharmacy is duly licensed;
· Provides consumers with access to FDA-approved prescribing information; and
· Requires a valid prescription from an authorized doctor or other licensed health care professional.
Tobacco Products (Including Electronic Cigarettes)
Advertising for tobacco products, including cigarettes, chewing tobacco, snuff tobacco, cigars, cigar products, and electronic nicotine delivery systems (“ENDS”), is prohibited on Optimum’s carried television networks and systems. ENDS include any noncombustible product designed for aerosol inhalation through the heating of an “e-liquid,” which may contain nicotine (e.g., e-cigarettes, e-cigs, e-pipes, vaporizers).
Radio and digital advertising for ENDS used solely for the consumption of lawful products will be considered on a case-by-case basis provided the advertiser represents and warrants in writing that the ad and its distribution comply in all respects with Legal Requirements. Such advertising may be subject to scheduling and/or geotargeting restrictions.
Advertising must not:
· Target children in content or scheduling;
· Use terms such as “light,” “mild” and “low-tar;”
· Claim or imply any health benefits (e.g., claiming an ENDS is a healthier alternative to tobacco or aiding smoking cessation);
· Promote ENDS use in combination with any product that meets the definition of “drug” or “device” under the FDA; or
· Imply ENDS can be used to consume marijuana or CBD-derived products.
The following disclosures are required:
· “Must be 21 or older. Not for sale to minors.”
· Health warnings for nicotine-containing products:
o “WARNING: This product contains nicotine. Nicotine is an addictive chemical.”
o “No tobacco product has been shown to be safe.”
o “Not a smoking cessation product.”
Advertising for clinics intended for the treatment and aid of smoking cessation will be considered on a case-by-case basis. Fleeting depictions of tobacco use in advertising for FDA-approved smoking cessation products, services, or advertising to discourage or prevent smoking may be accepted.
Vacation Clubs/Timeshares
Advertising for vacation clubs and timeshare must not:
· Mislead consumers into believing they are entering a contest or sweepstakes;
· Use live copy or host endorsements (e.g., DJs, TV talk show hosts) as a substitute for standard advertising; or
· Create the false impression that the ad is a live segment that could mislead typical viewers.
Additionally, such advertising must include appropriate disclosures (e.g., “This material is used for the purpose of applying for the sale of holiday properties,” “Airfare not included,” “Hotel is not included,” “Certain charges and restrictions apply”).
Video Games
Advertising for video games must comply with the ESRB Marketing Guidelines and the standards set forth below. A variety of factors will be considered when approving and scheduling video game advertising, including violent content, dangerous or antisocial behavior, sexual themes, and taste concerns.
Content Restrictions
· Advertising must accurately represent the actual content of the game and not mislead consumers about gameplay, features, or tone.
· Depictions of extreme violence, sexual themes, and profanity are prohibited.
· Glamorizing or exploiting the ESRB rating is prohibited (e.g., emphasizing a game’s mature rating as a selling point).
· While ad content and its accuracy are primary considerations, the nature of the game itself will also be evaluated when determining approval.
ESRB Rating Disclosure
· All video game advertising must include the ESRB rating in both video and audio.
· The rating must be prominently displayed and legible to ensure transparency.
· Video console advertising featuring game footage or promotes a specific video game must display the ESRB rating of the game.
Placement and Audience Restrictions
Advertising for video games not suitable for a general audience (e.g., games rated Teen (T), Mature (M)) must not be placed in or adjacent to:
· Programming or content designed for children 13 years of age or younger.
· Educational and informational children’s programming.
· Any digital property intended for children.
Mature (M) and Adults Only (AO) Rated Games
· Advertising for Mature (M) rated video games must not be placed in programs, sites, or media where 35% or more of the audience is under the age of 17.
· Advertising for Adults Only (AO) rated video games must not be placed in programs, sites, or media where 35% or more of the audience is under the age of 18.
· May only be placed between 10 PM and 6 AM (local time zone), regardless of audience composition, under the ESRB safe harbor exception.
Weight Loss
Advertising for weight loss products may be accepted, subject to the standards set forth below.
Claim Review and Compliance
· Weight loss claims will be reviewed per the FTC’s Gut Check: Reference Guide for Media on Spotting False Weight Loss Claims.
· The following claims are prohibited:
o Weight loss of two pounds or more per week for a month or more without diet or exercise.
o Substantial weight loss regardless of diet or food intake.
o Permanent weight loss even after discontinuing product use.
o Blocking fat or calorie absorption to induce substantial weight loss.
o Safe weight loss exceeding three pounds per week for more than four weeks.
o Substantial weight loss for all users.
o Weight loss achieved by wearing a device or applying a topical product.
Substantiation and Testimonials
· Weight loss claims must be evidenced with adequate substantiation and factual representation.
· Testimonials must be verified through a testimonial affidavit from each featured consumer (including celebrities). If a specific amount of weight loss is mentioned, the affidavit must include the amount of weight loss and the length of time it took to achieve the loss.
· “Before and after” representations must be accompanied by affidavits.
Audience/Content Restrictions
· Weight loss or weight control advertising must not be directed to children.
· Specific weight loss claims must comply with the following:
o Advertised weight loss must not exceed:
§ Two pounds a week for a month or more without diet and exercise.
§ Three pounds per week for more than four weeks.
o Mentions of specific weight loss must disclose the amount of time it took to lose the weight (e.g., “I lost four pounds in two weeks”).
o If a featured consumer lost weight faster than average, typical results must be disclosed (e.g., “Typical consumers lose one to two pounds per week on average”).
o Typical results must also be disclosed when referencing weight loss rates (e.g., “Lose weight quickly”).
o Studies must show compelling evidence that the product, as part of a diet and exercise program, led to greater weight loss than diet and exercise alone. Study participants must be representative of the targeted audience.
o Optimum may require additional on-screen disclaimers (e.g., “Consult your doctor,” “Part of a balanced diet and exercise program.”)
o Claims creating consumer expectations must clearly communicate or provide adequate disclosure.
See Health Related Claims section above.