Advertising Board Investigations

The Advertising Board within the Ministry of Trade can suspend or correct misleading or unlawful advertisements and impose administrative fines. We prepare your defence in Advertising Board investigations and see the process through to the end, and pursue your complaints against competitors’ unlawful advertising.

What is the Advertising Board, and what sanctions does it impose?

The Advertising Board supervises commercial advertising and unfair commercial practices under Law No. 6502 on Consumer Protection. It can open an investigation following a complaint or of its own motion.

For an advertisement it finds unlawful, the Board may order suspension, order correction or impose an administrative fine, or several of these; it may also order the advertisement to be suspended as an interim measure during the investigation. The amount of the fine depends on the medium in which the advertisement was published and is increased each year by the revaluation rate.

How does an Advertising Board investigation work?

The investigation starts with a request to the advertiser for an explanation and defence concerning the advertisement. Submitting the documents that substantiate the claims in the advertisement is decisive in the defence. After assessing the file, the Board gives its decision, which is notified to the advertiser.

Scope

Preparing responses to Advertising Board investigations and handling the investigation process
Handling Advertising Board complaint procedures
Preparing applications against interim suspension orders
Reviewing advertising practices after the investigation

How We Work

Reviewing the advertisement under investigation, its claims and the existing documents
Identifying additional documents and research to support the claims
Preparing the defence and submitting it in time
Assessing the Board’s decision and, where necessary, moving to litigation
Updating the advertising approval process so that a similar problem does not recur

Team

Ali Gül Founding Partner

Hasan Çakan Partner

Frequently Asked Questions

We have received a request for a defence from the Advertising Board. What should we do?

First note the deadline for the defence and gather all documents relating to the advertisement, especially the research and tests on which the claims are based. Substantiation of the claims must be at the centre of the defence; defences that rely only on general explanations often end in a fine.

Does withdrawing the advertisement end the investigation?

Not automatically; the Board can impose sanctions for an advertisement that is no longer running. That said, withdrawing or correcting the advertisement is a factor that can be taken into account in the defence.

How can we complain about a competitor's advertisement?

An application can be made to the Advertising Board with a copy of the advertisement and an explanation and documents showing why it is unlawful. If a faster result is the aim, applying to the Advertising Self-Regulatory Board is another option; the choice between the two depends on the outcome sought.

Can an Advertising Board decision be challenged in court?

Yes. An annulment action against a Board decision can be brought before the administrative court within sixty days of notification.

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

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