Advertising Claims and Content Review

“The best”, “the only”, “100 per cent natural”, “clinically proven”: every claim in an advertisement is a statement that must be substantiated before the Advertising Board. Before your campaigns go live, we review your copy and visuals against the legislation and Board decisions, determine which documents each claim must be backed by, and build strategy for comparative advertising.

What is an advertising claim, and how is it substantiated?

An advertising claim is any statement made in an advertisement about a product’s or service’s features, effects, superiority or price. Under the Regulation on Commercial Advertising and Unfair Commercial Practices, the advertiser must substantiate the claims in its advertisement, and advertisements must not mislead consumers.

Claims are substantiated with up-to-date, objective documents suited to the nature of the claim: test and research results from independent bodies, reports from accredited laboratories, market research and the like. Superiority claims such as “market leader” or “most preferred” are scrutinised particularly closely, and the scope of the research on which the claim relies must be stated clearly in the advertisement.

What is comparative advertising?

Comparative advertising is advertising that refers, directly or indirectly, to a competing product or brand. It is permitted provided that products meeting the same need are compared on objective and verifiable features. Comparisons that denigrate a competitor, cause confusion with a competing brand or take unfair advantage of a competitor’s reputation are prohibited.

Scope

Reviewing claims in advertisements against current regulations and Board decisions, and assessing the risk
Advice on advertising and promotional processes
Opinions and strategy on comparative advertising
Determining the scope of the documents and research needed to support the claims

How We Work

Reviewing campaign copy, visuals and footnotes before publication
Classifying each claim and identifying the documents needed to substantiate it
Alternative, workable wording for risky statements
Building strategy for comparative advertising, including competitor reaction and possible complaints
Setting up a pre-publication review process with the marketing team

Team

Ali Gül Founding Partner

Hasan Çakan Partner

Frequently Asked Questions

Can we use "the best" or "leader" in an advertisement?

Yes, as long as it can be substantiated. A superiority claim must rest on independent, up-to-date research of the same scope as the claim, and the source, date and scope of the research must be stated clearly in the advertisement. General, unmeasurable statements of puffery are assessed separately.

Can we use a competitor's trade mark in an advertisement?

Yes, if the conditions for comparative advertising are met. The comparison must be based on objective and verifiable features, must not denigrate the competitor and must not cause confusion between the brands. A separate assessment should also be made under trade mark law.

Is it enough to qualify the claim with a footnote?

Not always. A footnote can explain the main claim but cannot contradict it; if the overall impression of the advertisement is misleading, small-print text does not cure it. Footnotes must also be shown in a legible size and for long enough.

Is prior approval required before an advertisement is published?

There is no general prior approval system; liability arises after publication. Pre-publication legal review is therefore the most effective way to avoid an Advertising Board investigation and the advertisement being suspended.

Would you like to discuss this service? Schedule a meeting with us — the first meeting is free of charge.

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