The Regulation Amending the Commercial Advertising and Unfair Commercial
Practices Regulation has recently been published in the Official Gazette dated
04.01.2017 and numbered 29938 (“Amendment Regulation”) and it amends the
Commercial Advertising and Unfair Commercial Practices Regulation published in
the Official Gazette dated 10.01.2015 and numbered 29232 (“Regulation”). The Amendment
Regulation has introduced significant modifications to comparative
advertisements, burden of proof and advertisements relating to electronic
communication services and has postponed the enforcement of the provision which
allows direct comparative advertisements through indicating the titles, trade
names, logos or distinguishing shapes and expressions of a competitor but does not
allow a testimony, until 01.01.2018.
As per the amended
version of the provision related to comparative advertisements, the comparative
advertisements shall not violate the principles determined by the Advertisement
Board.
Comparative
advertisements are currently prohibited for food supplements; and with the new
paragraph of the Amendment Regulation, the issues that are deemed as health
declarations under the relevant legislations, may not be subjected to a comparison
in the nutrition advertisements. Also, price comparison
shall not be made in the advertisements relating to the sectors in which the pricing
regulations and effective market power obligations are determined by
administrative authorities.
Pursuant to the Amendment Regulation, the advertisers will bear the
burden of proof for the claims stated in the advertisements with scientifically
valid information and documentation provided that under certain circumstances, the
right to request information and documentation obtained from academic
institutions or accredited agencies or independent research organizations is
reserved. Additionally, in any case, assertions contained in the comparative
advertisements are required to be proved with information and documentation
obtained from academic institutions or accredited agencies or independent
research organizations.
As per the new provision regarding the details of the advertisements
pertaining to electronic communication services, in the event of indication of
internet speed and network coverage in the advertisements, the information that
the guaranteed speed or network coverage may alter depending on the parameters such
as infrastructure, geographical conditions, network density, used equipment,
building location, shall be conveyed in a way and time period that an average consumer
may duly perceive. The perception that internet speeds tested in the laboratory
conditions may be achieved by all consumers shall not be created; and in the
event of indication of these speeds in the advertisements, it should be stated
by the voice-over or as a stabile inscription that these speeds are valid for
laboratory conditions. Also, fair usage quota, speed quota or other limitations
shall be stated explicitly.