{
  "url": "https://openlegislation.uk/draft-business-protection-from-misleading-marketing-regulations-2008/regulation-4",
  "json_url": "https://openlegislation.uk/draft-business-protection-from-misleading-marketing-regulations-2008/regulation-4.json",
  "legislation": "ukdsi/2008/9780110811475",
  "legislation_title": "The Business Protection from Misleading Marketing Regulations 2008",
  "legislation_url": "https://openlegislation.uk/draft-business-protection-from-misleading-marketing-regulations-2008",
  "path": "regulation/4",
  "kind": "regulation",
  "number": "4",
  "heading": "Comparative advertising",
  "text": "Comparative advertising shall, as far as the comparison is concerned, be permitted only when the following conditions are met—\n(a) it is not misleading under regulation 3;\n(b) it is not a misleading action under regulation 5 of the Consumer Protection from Unfair Trading Regulations 2008 or a misleading omission under regulation 6 of those Regulations;\n(c) it compares products meeting the same needs or intended for the same purpose;\n(d) it objectively compares one or more material, relevant, verifiable and representative features of those products, which may include price;\n(e) it does not create confusion among traders—\n(i) between the advertiser and a competitor, or\n(ii) between the trade marks, trade names, other distinguishing marks or products of the advertiser and those of a competitor;\n(f) it does not discredit or denigrate the trade marks, trade names, other distinguishing marks, products, activities, or circumstances of a competitor;\n(g) for products with designation of origin, it relates in each case to products with the same designation;\n(h) 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;\n(i) it does not present products as imitations or replicas of products bearing a protected trade mark or trade name.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 2008/—]"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2008/9780110811475/regulation/4",
    "retrieved_at": "2026-10-30T15:16:41.509697+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}