The Commodity Futures Trading Commission (CFTC) today announced that it amended CFTC regulation 4.41, which governs advertising by commodity pool operators (CPOs), commodity trading advisors (CTAs), and their principals.
The amendments adopted by the CFTC: (1) restrict the use of testimonials; (2) clarify the required placement of the prescribed simulated or hypothetical performance disclaimer; and (3) explicitly include advertising through electronic media within the regulation’s coverage. This action is in furtherance of the Commission’s longstanding position that CPOs, CTAs, and their principals may not advertise in a false, deceptive, or misleading manner.
The amendments will become effective 30 days after publication in the Federal Register. Copies of the amended regulation may be obtained by contacting the Commission’s Office of the Secretariat, Three Lafayette Centre, 1155 21st Street, N.W., Washington, D.C. 20581, (202) 418-5100 or by accessing the Commission’s website, www.cftc.gov.
