Superiority Claims

Superiority claims assert in advertising that a product, service or brand is superior to its competitors: “the best”, “highest quality”, “most effective”, “faster”, “longer lasting”, “unrivalled”. Because they involve a direct or indirect comparison with competitors, they are a frequent subject of Advertising Board investigations and disputes between competitors.

Puffery vs Measurable Claims

Obvious exaggerations that consumers would not take seriously (“the world’s happiest breakfast”) generally need no proof. By contrast, statements creating an impression of measurable or comparable superiority (“fastest internet”, “longest-lasting battery”, “more effective cleaning”) must be proven. The line is drawn according to the impression the statement creates on the average consumer.

Substantiation and Criteria

• The criterion behind the claim (speed, durability, effectiveness, customer satisfaction) must be stated clearly in the ad.
• The claim must be supported by independent, current research or test results of the same scope; see Burden of Proof in Advertising.
• Superiority in one feature must not be turned into an impression of overall superiority.
• A footnote may clarify the main claim but cannot contradict it.

Relationship with Comparative Advertising

If a particular competitor or competing product is identifiable, comparative advertising rules apply: the comparison must be objective, the competitor must not be denigrated and products meeting the same need must be compared. Claims of market leadership or sales ranking are assessed separately as first-place claims.

The Court of Cassation’s Approach

The Court of Cassation also assesses unsubstantiated superiority claims under the unfair competition provisions of the Turkish Commercial Code. Competitors may, besides complaining to the Advertising Board, apply to the Advertising Self-Regulatory Board or bring unfair competition actions against such ads.