Article 8 of the Regulation on Commercial Advertisement and
Unfair Commercial Practices (“Regulation”) permits
comparative advertisements under specific conditions. Subparagraph
(a) of the paragraph 1 of the article requires that such
advertisements “should not be misleading or
deceptive”, while subparagraph (f) mandates
that “claims based on objective, measurable, and
numerical data must be substantiated by scientific tests, reports,
or documents”. The Regulation also specifies the
advertiser's obligation to substantiate their claims and
outlines how this proof should be carried out in comparative
advertisements in Article 9 titled “Burden of Proof”.
According to this provision, "claims made in
comparative advertisements and subject to comparison must be
substantiated by information and documents obtained from relevant
departments of universities or accredited or independent research,
testing, and evaluation institutions."
Additionally, the regulation stipulates
