Regulatory Compliance

Assessing advertising content: prominent claims and disclaimers

When reviewing an advertisement, a company needs to identify what general consumers take from the presentation as a whole, including images, audio, and notes, and not only from individual phrases. The starting point is whether the message the company intends to convey matches the message actually conveyed by the advertisement.

Even where conditions or exceptions are set out in notes (disclaimers), they may fail to dispel a misleading impression if general consumers do not notice and understand them. In addition to consistency with the prominent claims, the review covers the placement and text size of the notes, how long they are displayed, and other factors for each medium.

We assist with identifying the representations made, assessing notes, and considering revisions based on proposed advertisements and the screens on which advertisements actually appear. Where concerns have already been raised, we organize the representations at issue and the company's understanding of them to inform the approach to responding.

Reviewed by Keishi Yoshikawa, Attorney at Law and Patent Attorney (Dai-Ichi Tokyo Bar Association)

Last updated: September 27, 2026

What to check first

The following are examples of matters a company may wish to check when reviewing advertising content and notes.

The complete advertisement — Identify the full advertising text, images, videos, audio, and linked pages, together with the media and periods in which the advertisement is to appear.
Expected viewers and viewing contexts — Check what kinds of consumers are expected to see the advertisement and in what circumstances they would consider the goods or services.
The message conveyed as a whole — List the effects and conditions conveyed not only by headlines but also by photographs, diagrams, comparison tables, and testimonials.
Conditions and exceptions — Check whether the prominent claims are subject to conditions or exceptions concerning eligibility, methods of use, applicable periods, additional burdens, or other matters.
The relationship between notes and prominent claims — Check whether the notes supplement the prominent claims or contradict them.
How the notes appear — Check text size, placement, distinction from the background, and the balance with surrounding prominent claims.
How the advertisement appears on devices and in videos — Check whether the conditions can be understood where content is collapsed or requires navigation to another screen on a smartphone, and during normal video playback.
History and concerns raised — Check the representations as published, the revision history, the concerns raised, and how these relate to one another.

In some cases, revising the prominent claims themselves may be more appropriate than adding notes.

How we can helpIdentifying the message conveyed by an advertisement / Assessing notes (disclaimers) / Checking how advertising appears on smartphones and in videos / Considering revisions / Explanations in response to concerns

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Contents

1 Identifying the representations made by the advertisement as a whole
2 Aligning prominent claims with conditions and notes
3 Checking how the advertisement appears in each medium
4 Preparing for revisions and explanations in light of the judgment
Key legislation and official sources
Frequently asked questions

1 Identifying the representations made by the advertisement as a whole

Reading text, images, and audio together

The review identifies what product attributes and transaction terms are conveyed by the combination of headlines, body text, photographs, diagrams, audio, and other elements. In the court case discussed below, how general consumers understand the representations (the meaning of the representations) was also at issue.

Explicit and implied messages

Even without numerical claims or categorical wording, photographs showing conditions before and after use, testimonials, and similar material may be understood as indicating particular effects or superiority. The guidelines on unsubstantiated advertising state that the effects and performance represented are those that general consumers perceive from the presentation as a whole, including text, photographs, figures quoted from test results and similar sources, illustrations, and consumer testimonials. The company checks whether images and wording, when combined, convey effects or performance that are not expressly stated.

Advertisements and linked pages

Banner advertisements or social media posts and the product pages to which they link differ in the order in which consumers encounter them and the amount of information they contain. A CAA survey has identified the difficulty of noticing conditions on a smartphone when they appear on another screen away from the prominent claims. The points of concern regarding representations in consumer e-commerce state that, where important information is displayed on a linked page, the link text needs to use specific wording rather than an abstract expression such as "Additional information," be displayed clearly with attention to text size and color so that it is not overlooked, and be placed near the related information. The company checks the actual sequence of screens from the banner or post through to the explanation of the conditions.

Identifying representations and assessing supporting materials

Once the representations made by an advertisement have been identified, the next step is to consider whether the materials support them. The assessment of supporting materials is explained in "Supporting materials for claims about effects and performance, and rules on unsubstantiated advertising."

2 Aligning prominent claims with conditions and notes

Prominent claims and disclaimers

The CAA's points to note on disclaimers describe prominent claims as representations in which a business uses categorical or conspicuous expressions to emphasize attributes such as quality or transaction terms such as price, as a means of promoting the goods or services it sells to general consumers. Disclaimers are described as representations concerning matters that general consumers would not ordinarily anticipate from the prominent claims and that are important considerations when choosing goods or services.

Notes that contradict prominent claims

Where prominent claims and disclaimers contradict each other, the presentation may mislead general consumers and raise issues under the Act against Unjustifiable Premiums and Misleading Representations (the "Premiums and Representations Act"). Where a note negates the message conveyed by the prominent claims, one option is to revise the prominent claims themselves rather than add a note.

Expressing conditions and exceptions in understandable language

Subscription advertising that emphasizes matters such as a low initial price while setting out cancellation conditions in notes that consumers cannot understand even after reading them has been identified as a problem. The company sets out exclusions, additional costs, and similar matters in language, and with a level of detail, that consumers can understand.

Testimonials and "This is a personal impression"

The CAA's points to note on disclaimers state that even when consumers notice notes such as "This is a personal impression. Results vary from person to person," their understanding of the testimonials hardly ever changes. When using testimonials, the company checks the relationship between their content and the effects that can generally be expected in practice, and revises the selection or wording of the testimonials as needed.

3 Checking how the advertisement appears in each medium

Text size, placement, and distinction from the background

Whether disclaimers are presented in a way that allows general consumers to perceive them correctly is assessed as a whole, taking into account factors such as the text size of the disclaimers, the balance between the text sizes of the prominent claims and disclaimers, the placement of the disclaimers, and their distinction from the background.

Smartphone screens

The CAA's points to note on disclaimers identify problems where disclaimers are placed in accordion panels and are not visible by default, or where they appear on another screen away from the prominent claims. The company checks on an actual device what is visible without scrolling or taking any other action.

Video advertisements

For video advertisements, the length of time a screen containing a disclaimer is displayed has been identified as one of the main reasons general consumers do not read disclaimers, and cases in which prominent claims are emphasized through audio but disclaimers are not conveyed through audio have also been addressed. The points to note state that whether the presentation allows general consumers to perceive the content of disclaimers correctly is assessed as a whole, taking into account factors such as text size, the balance with prominent claims, placement, and distinction from the background. They do not provide a standard under which meeting a particular text size or number of seconds is sufficient.

Screen design

The company also checks the sequence of screens leading to an application, default selections, and similar features from the perspective of whether consumers can perceive the conditions and notes.

4 Preparing for revisions and explanations in light of the judgment

The case concerning rice cookers marketed as reducing carbohydrates: determining the meaning of representations

In October 2023, the CAA issued orders to take measures against several sellers on the ground that their representations about rice cookers marketed as reducing carbohydrates constituted misleading representations as to quality. In proceedings brought by one of those companies seeking revocation of the order, the Tokyo High Court, on June 10, 2026, upheld the first-instance judgment revoking the order to take measures and dismissed the national government's appeal (2025 (Gyo-Ko) No. 263). The judgment states that the representations at issue did not convey that the rice would be cooked "in the same way as rice cooked using a normal rice-cooking function," as the authority had found, and that the authority had "incorrectly determined the very meaning of the representations at issue (what general consumers perceive)." On that basis, it holds that the prerequisites for applying the provision deeming representations to be misleading when materials are not submitted were absent, that the representations could not be deemed to be misleading representations as to quality, and that the order to take measures was unlawful. The judgment became final on June 25, 2026, and the CAA added a note to its public announcement stating that the order to take measures had been revoked.

This judgment concerns what the particular advertisement meant; it is not a finding by the court on the product's performance generally. We organize the similarities and differences between the representations addressed in the judgment and the advertisement about which we are consulted, and consider the extent to which the court's reasoning can be referred to.

Comparing the advertisement before and after revisions

After revising the wording, images, and notes, the company checks again how the message conveyed by the advertisement as a whole has changed.

Recording the representations and the reasons for decisions

Retaining the published screens and videos, the display conditions, and the reasons for revisions provides materials that can be used to explain the representations later.

Where the concerns raised differ from the company's understanding

We assist with clarifying what the concerns relate to, the actual representations, and the differences in understanding. Correction and responses to authorities are explained in "Alleged violations of the Premiums and Representations Act, voluntary correction, and regulatory responses."

Key legislation and official sources

English translations of legislation are provided for reference. The Japanese texts are authoritative.

Article topic	Legislation or official source	Source type and English version reviewed
Misleading representations as to quality, requests for materials, and orders to take measures	Act against Unjustifiable Premiums and Misleading Representations— Japanese text on e-Gov	Legislation. English translation (earlier version). The translation identifies its last version as Act No. 29 of 2023.
Effects and performance perceived from the presentation as a whole	Guidelines on unsubstantiated advertising	Official guidance (Japanese). English translation on Japanese Law Translation; the page does not state the version translated.
Prominent claims and disclaimers; contradictory notes; text size, placement, background, smartphones, video, and testimonials	Points to note on the presentation and content of disclaimers	CAA report (Japanese). English title translated by the firm.
Disclaimers on smartphones	Fact-finding report on disclaimers on smartphones	CAA report (Japanese). English title translated by the firm.
Important information on linked pages	Points of concern regarding representations in consumer e-commerce	Official guidance (Japanese). English title translated by the firm.
Rice cooker representations: finality of the judgment and revocation of the order	CAA announcement on orders to take measures against sellers of rice cookers marketed as reducing carbohydrates	CAA announcement (Japanese) dated October 31, 2023, with a note added on July 2, 2026. English title translated by the firm.
Rice cooker representations: the appellate judgment	Tokyo High Court, judgment of June 10, 2026, 2025 (Gyo-Ko) No. 263	Court judgment (Japanese). No English version reviewed.

Legal information reviewed: September 27, 2026

Frequently asked questions

Can a company use strong wording if it adds a note?

The presence or absence of a note alone does not determine the issue. Issues may arise where the note contradicts the prominent claims or is not noticed or understood.

Is there a minimum text size that makes a note acceptable?

The CAA's points to note on disclaimers state that the assessment considers text size, the balance with prominent claims, placement, distinction from the background, and other factors as a whole. They do not specify a uniform numerical threshold.

Can detailed conditions be placed in a collapsed section on a smartphone?

Problems have been identified where disclaimers are placed in accordion panels that are not visible by default. One option is to display the main conditions near the prominent claims.

Is it sufficient to show a note at the end of a video?

The display duration and the relationship with audio emphasis have also been identified as issues. The company checks whether the note can be read during normal playback.

Can a company use testimonials if it states "This is a personal impression"?

Even when consumers notice that note, their understanding of the testimonials hardly ever changes.

Does the rice cooker judgment mean that abstract wording does not need substantiation?

No such generalization can be made. The judgment concerns what the particular advertisement meant. Other advertisements are considered on the basis of their specific representations.

Contact

Making an inquiry

Please let us know, as far as you are able, the proposed advertisement or the screens currently published (including smartphone displays and videos) and, if concerns have been raised, what they are.