From 23 April 2000, comparative advertisements are only legal if they comply with new regulations which are given as new section 4A of the Control of Misleading Advertisements SI 1988 No 15.
A comparative advertisements is one where a product or service is advertised by comparing it with a competitor. It is not necessary for that competitor, product or service to be identified.
A comparative advertisement is only permitted if:
(a) it is not misleading;
(b) it compares goods or services meeting the same need and intended for the same purpose;
(c) it objectively compares one or more material, relevant, verifiable and representative features of those goods and services. This may include price;
(d) it does not create confusion between the advertiser and competitor or between the advertiser’s trade marks, trade names, or other distinguishing marks, and those of a competitor;
(e) it does not discredit or denigrate the competitor’s trade marks etc;
(f) for products with designation of origin, it relates to products with the same designation;
(g) it does not take unfair advantage of the reputation of a trade mark etc;
(h) it does not present goods or services as imitations or replicas of goods or services subject to a protected trade mark or trade name.
Where a comparative advertisement refers to a time-related special offer, the time limit must be clearly stated.
This new provision enacts an European Union directive. They largely conform to the voluntary code produced by the Advertising Standards Authority. The code applies to all forms of advertising, including radio and television advertisements.
The Control of Misleading Advertisements (Amendment) Regulations SI 2000 No 914