Comparative advertising, or advertising that identifies a competing
product or service, is characterised by three distinct features:
Advertisements should not unfairly attack or discredit other products,
advertisers or advertisements directly or by implication.
|
(a)
|
Comparative advertising should be factual and informative and
should offer a product or service on its positive merits. The
intent and connotation of the advertisement should be to inform
and not to discredit, disparage or attack competitors, competing
products or services directly or by implication.
|
|
(b)
|
Comparative claims should be unambiguous and clearly understandable
so that there is no likelihood of the consumer being misled as
a result of the comparison.
|
|
(c)
|
Where an advertisement makes a comparison, whether explicitly
or implicitly, it should be clear with what the comparison is
being made, i.e. price to price, dimension to dimension, feature
to feature.
|
|
(d)
|
The competition should be fairly and properly identified but
never in a manner or tone of voice that degrades the competitive
product or service.
|
|
(e)
|
The identification should be for honest comparison purposes and
not simply to upgrade by association.
|
|
(f)
|
The subject matter of a comparison should not be chosen in such
a way as to confer an artificial advantage upon the advertiser
or so as to suggest that a better bargain is offered than is actually
the case.
|
|
(g)
|
Where appropriate, comparative advertising claims must be supported
by documentary evidence which is easily understood. Where technical
data is submitted it should be accompanied by a summary of the
relative comparative points, written in laymans language.
|
|
(h)
|
If the advertisement refers to a competitive test, such tests
should have been conducted by an independent and objective body
so that there will be no doubt as to the veracity of the test.
In all cases the test must be supportive of all claims made in
the advertising that are based on the test.
|
|
(i)
|
The advertising should never use partial results or stress insignificant
differences to cause the consumer to draw an improper conclusion.
|
|
(j)
|
The product or service being compared should be significant in
terms of value or usefulness to the consumer.
|
|
(k)
|
Advertisements should not make unjustifiable use of the name
or initials of any firm, company or institution nor take unfair
advantage of the goodwill attached to the trade name or symbol
of another firm or its product or the goodwill acquired by its
advertising campaign.
|
|
(l)
|
Advertisements should not be so similar to other advertisements
in general layout, copy, slogans, visual presentation, music or
sound effects as to be likely to mislead or confuse.
|