The Committee of Advertising Practice (CAP), which writes and maintains the UK Advertising Codes administered by the Advertising Standards Authority, has published a Quick Guide to Comparative Advertising aimed at assisting companies in designing adverts which do not fall foul of the rules.
Key recommendations include:
- make sure the claim you wish to make is clear - if the claim is ambiguous then you risk being misleading;
- be aware that if your comparison is with an identifiable competitor then specific rules apply (CAP Code rules 3.33 – 3.37);
- comparisons with identifiable competitors must compare products meeting the same need or intended for the same purpose – e.g. organic and non-organic produce would likely be an acceptable comparison; and
- comparisons should be verifiable and consumers signposted to that verification information.
The Quick Guide can be read here.