429 MISCELLANEOUS The Board examined Çaykur’s slogan as “This is Turkey’s real tea,” which was published in a variety of channels, and decided that the slogan implies that only Çaykur branded tea is real tea, and the other producers do not produce real tea. For this reason, it was determined that the advertisement causes unfair competition by denigration.7 In a decision of the Board, it has come to the conclusion that the statement, “Ariel is the best at removing stains with a single wash,” would create a perception of comparison with all competitors and, thus, constitutes a violation.8 Burden of Proof Article 61/6 of Law No. 6502 regulates that advertisers are obliged to prove the accuracy of the claims in their commercial advertisements. For example, in a decision on water treatment plants, the Board evaluated that the statements, “Our filters remove 99.99% of lead and asbestos and more than 62 other harmful contaminants, harmful organic matter and bacteria.” in the advertisements are objective, measurable and based on numerical data and, therefore, their accuracy needs proof with scientifically valid information and documents. However, since these claims could not be proven by the advertising company, the advertisements were suspended.9 Penalties Imposed by the Advertisement Board Pursuant to Article 77 of Law No. 6502, if the Advertisement Board determines that there is a violation of the provisions of Article 61 of Law No. 6502 or the Commercial Advertisement Regulation, the Board may apply sanctions, such as halting the broadcasting of the advertisement, correcting it through the same method, or imposing administrative fines. Decisions made by the Advertisement Board are published on the website of the Board. 7 Advertisement Board, Meeting Decision, No. 232, File No. 2014/822, 13.01.2015. 8 Advertisement Board, Meeting Decision, No. 257, File No. 2016/665, 14.02.2017. 9 Advertisement Board, Meeting Decision, No. 303, File No. 2020/1585, 10.11.2020.
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