Comparative advertising meaning

This Checklist supports planning for a print marketing campaign. It concentrates on marketing-specific needs, excluding wider transactional matters (eg contract formation, distance selling). Scope includes targeting and placement, agency agreements, data protection, advertising compliance, and prize or price promotions. It also addresses conformity with the UK’s legislative and self-regulatory framework, notably the unfair commercial practices rules in the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) and the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code). Print ads remain pivotal to big-brand activity, across billboards, posters, brochures, leaflets, newspapers and magazines. In the UK, print advertising is overseen through a blend of industry self-regulation and statute. For a wider briefing on the UK advertising environment, see Practice Note: Advertising law and regulation. See also: Advertising copy approval—checklist; Planning a digital marketing campaign—checklist. A third column is available to capture observations or remarks while working through the Checklist... Checklist Further information Notes (if any) Targeting and placement ...

Checklist This Checklist covers key points practitioners should weigh up when reviewing price promotions. Such activity could include free extra volume or money-off offers, among other common mechanics. It reflects requirements set out in the Competition and Market’s Authority guidance, Price transparency: CMA209 (Price Transparency Guidance). For more detail, see Practice Note: Promotional marketing and price claims. As you progress through the Checklist, the third column can be used to note observations or comments. Basic issues to consider for price and value promotions Is the promotion a bona fide price reduction or an increase in volume running for a specified period? Marketers and traders should retain relevant evidence to show the claim is authentic. Is the promotion presented clearly and not misleading? Include all qualifications, restrictions or other limitations that affect availability. Link to relevant terms and conditions for further detail, but do not rely on them for any material pricing information or restrictions; these must be stated clearly within the promotion...

In this issue: Pharmaceuticals—regulatory framework Competition in life sciences Medical devices Intellectual property Commercialisation Research and development Data protection and life sciences Advertising of medicines LexTalk®Life Sciences: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Pharmaceuticals—regulatory framework MHRA publishes its strategic approach to AI The Medicines and Healthcare products Regulatory Agency (MHRA) has set out its strategy for artificial intelligence, mirroring the government’s white paper, ‘A pro-innovation approach to AI regulation’, and its guiding principles of safety, security, fairness and accountability. It evaluates AI’s opportunities and risks in three roles: as the regulator of AI products, as a public service making time-critical decisions, and as an organisation that bases decisions on evidence. See: LNB News 30/04/2024 78. EFPIA publishes circular economy white paper for pharmaceutical industry The European Federation of Pharmaceutical Industries and Associations (EFPIA) has...

In this issue: Advertising, marketing and sponsorship Consumer protection Contracts E-commerce Sale and supply of goods LexTalk®Commercial: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q&As Advertising, marketing and sponsorship HFSS promotion, placement and advertising—where are we now? In recent years the government has rolled out measures intended to curb the promotion, positioning and advertising of food and drink high in fat, salt or sugar (HFSS). The objective is to address childhood obesity and put children’s health first by limiting children’s exposure to HFSS products in physical retail, on TV and online. While part of the regime is already operative, other elements have been deferred owing to factors such as rising food prices and cost of living pressures. In this article, Simon Jupp and Emma Sims of Taylor Wessing summarise the rules and confirm their status as at September 2025. See News...

In this issue: Trade marks/passing off Patents Geographical indications LexTalk®IP: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Trade marks/passing off Comparative advertising—High Court gives preliminary ruling on features compared (Gibraltar v Viovet) The High Court, in Gibraltar (UK) Ltd v Viovet Ltd [2024] EWHC 777 (Ch), delivered a preliminary view on which attributes were set against each other in comparative adverts for veterinary nutraceuticals. The ruling underscores that implied messaging can matter as much as explicit claims when deploying comparative advertising. Online customers selecting a trade marked product were presented with the retailer’s own-brand option and prompted to ‘Swap and Save’. The retailer said the comparison was limited to price, whereas the trade mark owners argued the ads implicitly indicated the own-brand products matched the branded items in nature, composition and specification. The court sided with the claimants, finding that the average...

This Practice Note provides an overview of the law, guidance and practice concerning the Business Protection from Misleading Marketing Regulations 2008, SI 2008/1276 (BPR 2008), which govern business-to-business advertising in the UK. It outlines what constitutes misleading advertising, the parameters for comparative advertising, and the offences and due diligence defence under BPR 2008. For fuller guidance on the rules for comparative advertising, see Practice Note: Comparative advertising. Background BPR 2008 came into effect on 26 May 2008, implementing Directive 2006/114/EC, the EU Misleading and Comparative Advertising Directive, into UK law. The regulations concentrate on business-to-business activity, forbid misleading business-to-business advertising, and set the conditions that comparative claims must satisfy to be lawful. At the same time, the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277 (CPUTR 2008) took effect, implementing Directive 2005/29/EC, the EU Unfair Commercial Practices Directive (EU UCPD) into UK law. CPUTR 2008 protects consumers from unfair trading by prohibiting specified unfair practices...

Advertising and marketing-Turkey-Q&A guide [Archived, 2022 edition] This Practice Note provides a jurisdiction-specific Q&A on advertising and marketing in Turkey, issued as part of the Lexology Getting the Deal Through series by Law Business Research (published: August 2022). Authors: CETINKAYA-Ozgur Altintas; Mina Yanik; Sila Ozge Sayli; Aleyna Peker 1. What are the principal statutes regulating advertising generally? The overarching rules for advertising in Turkey are laid down in Law No. 6502 on the Protection of Consumers (Consumer Law), the Commercial Advertising and Unfair Commercial Practices Regulation, grounded in the Consumer Law, and Law No. 6112 on the Establishment of Radio and Television and Broadcasting Services. Moreover, further legislation and secondary rules contain specific, bespoke provisions for differing media channels and product categories. 2. Which bodies are primarily responsible for issuing advertising regulations and enforcing rules on advertising? How is the issue of concurrent jurisdiction among regulators with responsibility for advertising handled? The Advertising Board was founded to ensure all varieties of commercial advertisements are examined...

The rules applicable to advertising in the UK In the UK, advertising is governed by both statute and industry-run self-regulatory codes. A fundamental rule is that advertising must be clearly identifiable as advertising. This Practice Note reviews the provisions in the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) and the UK Code of Broadcast Advertising (BCAP Code) on signalling advertising and the labels commonly used to achieve this. It introduces the self-regulatory framework and sets out specific guidance on applying CAP Code rules in the context of: advertisement features native advertising affiliate marketing social media advertising influencer advertising podcasts and audio streaming vlogs and live streaming reviews, testimonials and endorsements direct marketing Keep in mind that elements of the guidance may overlap. For instance, influencer advertising often includes advertisement features and affiliate marketing undertaken on social media. All guidance relevant to the specific scenario should therefore be considered. For...