For Release: August 23, 2006
Washington, D.C. – The Commodity Futures Trading Commission (CFTC) has approve for publication in the Federal Register proposed amendments to regulation 4.41, which governs advertising by commodity pool operators (CPOs), commodity trading advisors (CTAs) and their principals.
The proposal would: (1) restrict the use of testimonials; (2) clarify the required placement of the prescribed simulated or hypothetical performance disclaimer; and (3) explicitly include within the regulation’s coverage advertisement through electronic media. 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 CFTC seeks public comment on the proposed amendments to regulation 4.41. The comment file will remain open for 30 days following publication in the Federal Register. Copies 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. Interested parties may submit their comments electronically at email@example.com. All comments received will be promptly posted on the Commission's website.
R. David Gary
Last Updated: April 23, 2010