First-Place Claims

First-place claims assert in advertising that a product or brand is first in its market: “Turkey’s No. 1”, “market leader”, “best-selling”, “most preferred”, “sector leader”. They are among the oldest and most common types of advertising claim, and among those the Advertising Board examines most often.

The Advertising Board’s Approach

The Board requires first-place claims to be substantiated and their basis stated clearly in the ad. In an early decision, failing to state whether a “Turkey’s number one” claim related to production capacity, market share or quality was found to be a breach. Advertisers therefore specify their claims in footnotes: by which criterion (turnover, units, market share), in which period, in which geography and according to which independent source they are first.

The Court of Cassation’s Approach

The Court of Cassation examines first-place claims under the unfair competition provisions of the Turkish Commercial Code. It has held unsubstantiated claims such as “world leader” and “the one and only first” to be unfair competition. For details, see Claims of First Place in Advertisements.

Checklist Questions

• Which criterion does the claim rely on, and is it stated clearly in the ad?
• Is the underlying research independent, current and of the same geographic and product scope as the claim?
• Is the footnote legible and shown long enough?
• Is the claim still being used after the research period has ended?

For claims of being better than competitors in quality, speed or effectiveness, see Superiority Claims.