428 NEWSLETTER 2021 the names, brands, logos or other distinctive shapes or expressions of the goods or services and trade names or business names for the purpose of advertising and presenting them in an introductory manner, without clearly indicating that they are advertisements,” in Law No. 6502 and the Commercial Advertising Regulation. For example, in a decision of the Advertisement Board, it determined that in an article in the InStyle Magazine, consumers were directed to a throat drop product named “Phytorelief” by going beyond the purpose of informing, and the purchase of the product was indirectly encouraged by stating that it provides protection against viruses by mentioning the ingredients of the product in the last part of the article. It was evaluated by the Board that the product named Phytorelief was advertised covertly.6 Comparative Advertising Article 61/5 of Law No. 6502 regulates that comparative advertising of competing goods or services that meet the same needs or made for the same purposes may be made. Some conditions that will prevent the unlawful use of the comparison are discussed in detail inArticle 8 of the Commercial Advertising Regulation. Accordingly, comparative advertisements can only be made if it complies with conditions, such as (i) it does not include the competitors’ product name, brand, logo, trade name, business name or other distinctive elements, (ii) it compares a matter that benefits the consumer, (iii) objective, quantifiable assertions based on numeric data are proven through scientific tests, reports or documents, and (iv) it does not denigrate or discredit the goods, services, activities, or other aspects of the competitors. In addition, in accordance with Article 10 of the Commercial Advertisement Regulation “Advertisements shall not insult, explicitly mock or disparage any person, institution or organization, commercial or professional activity, property or service, advertisement or brand.” 6 Advertisement Board,MeetingDecision, No. 3030, FileNo. 2020/1557, 10.11.2020.
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