| Commentary

52 Comparative advertising

| Commentary

6: MISCELLANEOUS MANDATORY RULES

52 Comparative advertising

Mandatory rules specifically regulating comparative advertising are contained in the Control of Misleading Advertisements Regulations 19881. A comparative advertisement is defined as an advertisement which ‘either explicitly or by implication ... identifies a competitor or goods or services offered by a competitor’2.

If any advertisement does fall into this category then the Regulations lay down that, as far as the comparison is concerned, the advertisement shall be permitted only if certain conditions are met3. These are as follows:

  1. 52.1

        it is not misleading;

  2. 52.2

        it compares goods or services meeting the same needs or intended

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