{
  "url": "https://openlegislation.uk/eu-directive-2006-114/article-4",
  "json_url": "https://openlegislation.uk/eu-directive-2006-114/article-4.json",
  "legislation": "eudr/2006/114",
  "legislation_title": "Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising (codified version) (Text with EEA relevance)",
  "legislation_url": "https://openlegislation.uk/eu-directive-2006-114",
  "path": "article/4",
  "kind": "article",
  "number": "4",
  "heading": null,
  "text": "Comparative advertising shall, as far as the comparison is concerned, be permitted when the following conditions are met:\n(a) it is not misleading within the meaning of Articles 2(b), 3 and 8(1) of this Directive or Articles 6 and 7 of Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (‘Unfair Commercial Practices Directive’);\n(b) it compares goods or services meeting the same needs or intended for the same purpose;\n(c) it objectively compares one or more material, relevant, verifiable and representative features of those goods and services, which may include price;\n(d) it does not discredit or denigrate the trade marks, trade names, other distinguishing marks, goods, services, activities or circumstances of a competitor;\n(e) for products with designation of origin, it relates in each case to products with the same designation;\n(f) 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(g) it does not present goods or services as imitations or replicas of goods or services bearing a protected trade mark or trade name;\n(h) it does not create confusion among traders, between the advertiser and a competitor or between the advertiser's trade marks, trade names, other distinguishing marks, goods or services and those of a competitor.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 149, 11.6.2005, p. 22."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudr/2006/114/article/4",
    "retrieved_at": "2026-11-01T15:22:30.706966+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."
}