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ARTICLE · 16 JULY 2026

Comparative Advertising: What It Is And How To Manage Risk

Lewis Silkin
Lewis Silkin
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Lewis Silkin

Lewis Silkin

Joint managing partners: Jo Farmer, Richard Miskella International offices: Dublin, Hong Kong...

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In highly competitive industries, the line between extolling the virtues of one's own product and comparing it with others can be very fine. This article explores the legal framework governing comparative advertising in the UK, examining when businesses can legitimately reference competitors in their marketing and the significant risks involved when crossing legal boundaries.

United KingdomIntellectual Property
Oliver Fairhurst
Oliver Fairhurst
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In highly competitive industries, the line between extolling the virtues of one’s own product and comparing it with others can be a very fine, and sometimes blurry, one. Most advertisers will make claims about their products. Those claims might be straightforward, such as claims as to battery life, suitability for certain tasks or conditions, or relating to price. Other claims might suggest that the advertiser’s product is the best, cheapest or superior in some other way. There is a category of advertising though that can be much more high stakes – comparative advertising.

Updated for 2026: This article has been updated to reflect changes in advertising practices and the law since it was originally published in 2020.

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