Business protection regulations
Explanation of the Business Protection from Misleading Marketing Regulations (BPRs) which set out the conditions under which comparative advertising to consumers and businesses can operate.
The Business Protection from Misleading Marketing Regulations 2008 (BPRs) transpose into UK law the Misleading and Comparative Advertising Directive 2006 (MCAD).
The BPRs ban misleading business-to-business advertising.
For the BPRs advertising is defined broadly to mean “any form of representation which is made in connection with a trade, business, craft or profession in order to promote the supply or transfer of a product”.
This includes face-to-face oral statements, tele-marketing and descriptions on and accompanying goods (including claims on packaging) as well as advertising in the traditional sense the word is used.
Comparative advertising is advertising which identifies a competitor or a product of a competitor. In order to be allowed it has to meet all the conditions in the BPRs.
These conditions relate mainly to aspects of the fairness of the comparison to a competitor or a competitor’s product which is made in the advertisement.
If the comparison does not satisfy these conditions the comparative advertising is not permitted even if it does not mislead traders or consumers and alter their economic behaviour.
Guidance
Business Protection from Misleading Marketing Regulations 2008 on the Office of Public Sector Information (OPSI) website
European Commission website - Misleading and comparative advertising
Misleading and Comparative Advertising Directive
OFT Guidance on the Business Protection from Marketing Regulations 2008
