Another random example, in a leaflet that dropped out of a national newspaper:
“HealthspanCOLOR=“DarkGreen”[/COLOR] is not only more convenient but unlike high street stores, that often dress up products with ‘better than half price sales’ we promise permanently low prices all year round. Just take a look at a few of the many examples compared with Holland & BarrettCOLOR=“DarkGreen”[/COLOR] to see how much you could be saving by shopping with Healthspan”.
I think the key difference is when you’re making a logical comparison verses slanderous statements (which could be deemed harming the other business), it’s also worth pointing out that you can make comments about another business and their product (in a mocking way) as long as it’s implied that the comments are intended to be satirical or opinion (which are both protected under freedom of speech both within and outside Europe). Though as always - I am not a lawyer!
Think of the ASDA adverts with the Dads Army theme where they say:
‘Tesco has 100 brands at low prices, Sainbury’s had 250 at low low prices… ASDA have a million lower that them…’
I want to thank ScallioXTX for the link to the 2006 EU legislation on Misleading and Comparative advertising. That 2006 legislation providing comparative advertising guidlines is a big change from the old rules which did not allow comparative advertising at all.
While the EU guidelines are not nearly as relaxed as the U.S., it is certainly an imporvement over the old rules.
when you use the word compare, does that mean in the US you are allowed a subjective…“My product A is better than their brand B”?
I’m in the EU, but I don’t want to get into any mine is better than yours type comparisons, just to say that many people who are looking for their brand B might like my product A? I realise you’re not not in the EU, so probably can’t give me detail but I’m interested in what you mean by compare. Thanks.
Are you sure about that? I don’t believe that is correct.
In the UK we routinely see large companies (with plenty of legal backup and experience, presumably) and small companies using comparisons that specifically mention another product or brand or company. It’s quite normal. The comparisons typically claim that one product is ‘better’, ‘cheaper’, or ‘higher quality’ than the other named product - that sort of thing.
You will find these explicit comparisons in website content, print advertising and TV adverts.
The EU legislation on Misleading and Comparative advertising says it’s okay to do comparative advertising, as long as your advertisement adheres to several rules. The most important one to keep in mind imo:
[Comparative advertising is permitted if the following conditions are met:] it objectively compares one or more material, relevant, verifiable and representative features of those goods or services, which may include price;
Hi Brocberry,
I want to do the exact same thing as you. I want my website to allow a customer put in a competitors model number and I suggest to them alternatives we can offer. I have seen it done in USA, but did you get any further info on whether it is legal in EU? I am based in Ireland.