# The Business Protection from Misleading Marketing Regulations 2008, Regulation 4: Comparative advertising


Comparative advertising shall, as far as the comparison is concerned, be permitted only when the following conditions are met—
(a) it is not misleading under regulation 3;
(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;
(c) it compares products meeting the same needs or intended for the same purpose;
(d) it objectively compares one or more material, relevant, verifiable and representative features of those products, which may include price;
(e) it does not create confusion among traders—
(i) between the advertiser and a competitor, or
(ii) between the trade marks, trade names, other distinguishing marks or products of the advertiser and those of a competitor;
(f) it does not discredit or denigrate the trade marks, trade names, other distinguishing marks, products, activities, or circumstances of a competitor;
(g) for products with designation of origin, it relates in each case to products with the same designation;
(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;
(i) it does not present products as imitations or replicas of products bearing a protected trade mark or trade name.

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Source: https://www.legislation.gov.uk/ukdsi/2008/9780110811475/regulation/4 (the official version)
Page: https://openlegislation.uk/draft-business-protection-from-misleading-marketing-regulations-2008/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.