Turkey: Comparative advertising to be allowed

Article 16(5) of the Consumer Protection Law (No. 6502) states that “one can make comparative advertisement[s] by using [a] competitor’s goods and services that meet the same needs or same purposes”. Under the law, the Turkish Customs and Commerce Ministry prepared the Regulation on Commercial Advertisements and Unfair Commercial Practices, which was published on January 10, 2015. The relevant article, which will enter into force on January 10, 2016, introduces details for comparative advertising provisions. The regulation outlines detailed rules on unfair commercial practices that are defined in the consumer law and the Turkish Commercial Law.

The regulation expressly allows comparative advertising provided certain conditions are met. Accordingly, article 8 of the regulation states that comparative advertising:

Must not be deceptive and misleading;

Must not constitute unfair competition;

Must involve goods and services which have the same features and serve the same needs or demands;

Must compare aspects of goods and services which are useful or helpful to consumers;