Regulation 4 Comparative advertising
Comparative advertising shall, as far as the comparison is concerned, be permitted only when the following conditions are met—
it is not misleading under regulation 3;
F1it is not a misleading action under section 225(4)(a) and section 226 of the Digital Markets, Competition and Consumers Act 2024 or a misleading omission under section 225(4)(a) and section 227 of that Act;
it compares products meeting the same needs or intended for the same purpose;
it objectively compares one or more material, relevant, verifiable and representative features of those products, which may include price;
it does not create confusion among traders—
between the advertiser and a competitor, or
between the trade marks, trade names, other distinguishing marks or products of the advertiser and those of a competitor;
it does not discredit or denigrate the trade marks, trade names, other distinguishing marks, products, activities, or circumstances of a competitor;
for products with designation of origin, it relates in each case to products with the same designation;
it does not take unfair advantage of the reputation of a trade mark, trade name or other distinguishing marks of a competitor or of the designation of origin of competing products;
it does not present products as imitations or replicas of products bearing a protected trade mark or trade name.