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Transcript

Comparative

Advertising

13 June 2021

What claim do you want to make?

  • if the claim is ambiguous you risk misleading consumers
  • when making an objective claim, make sure you hold documentary evidence
  • superiority and top parity claims are objective, unless obviously "puffery"

Claim

"No. 1" or "Market leading"

Superiority claims

  • "Nr. 1, Premier, Leading" will be interpreted as best-selling claims
  • Hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation
  • Comparative evidence relating to unit-sales, market share, or both, will be required
  • “best-selling” claim will need to be supported by sales data (Medichecks.com Ltd, 2018)
  • "leading": to provide comparative evidence to demonstrate data relating to their competitors’ sales figures

Top parity claims

  • “unbeatable taste”, “you won’t find the same deal for less”, “no other car has a better safety record”
  • when a superiority claim is not possible, or where it would be difficult to prove
  • if the benefit is not meaningful to consumers then marketers should limit themselves to making a top parity claim
  • acceptable if a marketer can show that their product or service is demonstrably as good as that of their competitors

"Just as strong as any other"

Assessment of claims

When assessing the claim:

  • consider an ad from the consumer’s perspective
  • consider how consumers are likely to interpret any claim
  • ensure that they do not unintentionally mislead
  • ensure to hold evidence to support all claims that are likely to be interpreted as objective
  • be careful: if a claim is considered objective and capable of substantiation, the claim can be considered misleading in the absence of adequate substantiation

Is it a comparison with an identifiable competitor?

Identifiable competitor

  • no need to explicitly name the competitor or product
  • depends on the ad, claims, audience, context and nature of the market
  • must not mislead the consumer about the product or the competing product, must be about products which meet the same need or are intended for the same purpose, and must be verifiable
  • if it is possible to name at least one competitor, then it is a comparison with identifiable competitor

What comparison?

What comparisons can be made?

  • comparisons should be between products meeting the same need or intended for the same purpose

  • comparisons must objectively compare one or more material, relevant, verifiable and representative feature of those products which may include price

Comparing products with significant differences

  • if likely to influence a consumer’s understanding, marketers should acknowledge the difference in the marketing communication
  • ensure that the basis of the comparison is clear

Significant differences

Hold the evidence

Evidence

  • hold up-to-date substantiation
  • capable of objective substantiation

Are you comparing the right things?

  • products meeting the same need or intended for the same purpose
  • must display a sufficient degree of interchangeability for consumers
  • e.g. branded and non-branded, organic and non-organic

Products

Make the claim verifiable

  • sufficient information to allow them to understand the comparison
  • able to check the claim was accurate
  • ask someone suitably qualified to do so
  • include enough information in the ad to enable consumers to fully understand, and check the accuracy of comparative claims

Verifiable

Verifiability

Verifiability

  • information about what the comparative claim is based on and a signpost to where consumers can find this information
  • broadcast/non-broadcast
  • competitor doesn’t need to be named
  • Market leading/“No. 1” claims
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