Comparative advertising in the UK: Do’s and don’ts

Comparative advertising is a well-known and long-standing marketing tool in the UK, as it is in India and many other countries around the world. It allows companies to compare their products with a competitor, to show customers why their particular offering is better.

Comparative advertising isn’t always just a one-off; it can also form part of a long-running campaign against a company’s competitor in a kind of “battle of the brands”. Some famous examples are the marketing battles between Coca-Cola and Pepsi, Apple and Microsoft and, in the UK, between the large supermarket chains.

Although comparative advertising is allowed in the UK, there are some specific regulations that must be complied with to ensure that any campaign is legal.

James Touzel is a partner at TLT LLP.