What is a misleading advertisement?

An advert is misleading if it deceives or is likely to deceive its audience and affect their economic decision-making. This also applies if it harms or is likely to harm a competitor of the organisation placing the advertisement.

An advert will be likely to affect the economic decision-making of readers if, for example, it persuades them to part with money.

A misleading advertisement can be a spoken statement - eg, given by a sales representative, in person or over the phone. It does not have to be in writing.

An advert can be deceptive in various ways, for example, if it:

• contains a false statement of fact - this may be possible to prove or disprove by evidence
• conceals or leaves out important facts
• promises to do something but there is no intention of carrying it out
• creates a false impression, even if everything stated in it may be literally true. 

What is a comparative advertisement?

Under the regulations, an advert is comparative if it identifies - either plainly or by implication - a competitor or their goods or services.  This kind of advertising is allowed, but only if it is not misleading and meets a number of other conditions:

• it compares goods or services on a like-for-like basis
• it objectively compares representative features of those goods and services, which may include price
• it does not create confusion in the market regarding the identity of the advertiser and its competitors. This includes matters such as competing trademarks, trade names, goods or services
• it does not exploit the reputation of a trademark, trade name, etc, of a competitor or of the place of origin of competing products
• it does not present goods or services as imitations or replicas of goods or services bearing a protected trademark or trade name.

When a comparative advertisement refers to a special offer it must also include further information in a clear and unequivocal way. That includes the date on which the offer ends or, where appropriate, the period during which the special offer applies.

Back to: Control of Misleading Advertising Regulations