EXAMINING THE LEGAL PROVISIONS ON COMPARATIVE ADVERTISING IN INDIA
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Abstract
Comparative advertising provides consumers with information and can enhance decision making. It can also lead to confusion and misinformed decisions. In addition, it is also an effective promotional tool for the advertiser1. Essentially, it can allow for a trader to receive a free ride on the reputation of another trader and in some cases may even allow for poaching of that reputation. Comparative advertising will continue to be a valuable and effective form of advertising. ‘Comparative advertising’ is the term used to describe advertisements where the goods or services of one trader are compared with the goods and services of another trader.2 Article 2(c) of the Directive 2006/114/EC of the European Parliament and of the Council
Concerning Misleading and Comparative Advertising defines ‘comparative advertising’ as ‘any advertising which explicitly or by implication identifies a competitor or goods or services offered by a competitor.’ The ideal legal framework for comparative advertising puts consumers in the position to be the judges of the comparison, with the comparison providing truthful facts about the competing products or services; such an approach will counteract the assumptions that the advertiser takes the role of judge in the same activity in which he is participating. Where such a scenario can be achieved, fears that comparisons reduce the credibility and effectiveness of advertising as an institution are untenable.3
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