Our recent ruling involving two tea industry giants – the makers of PG Tips and Tetley – demonstrates the emphasis we place on advertisers being able to prove their claims as well as highlighting how careful competitors have to be to avoid denigrating their rivals.

Simmering away
We received a complaint about a TV ad made by Unilever UK Ltd for its PG Tips ‘pyramid’ tea bags. A competitor, Tata Global Beverages who make Tetley tea, challenged whether the ad misleadingly exaggerated the capability and performance of the pyramid tea bag and, by comparing and contrasting itself against round tea bags, denigrated Tetley and portrayed the brand in a negative light.

The Advertising Codes require that advertisers hold robust evidence to prove all claims, whether direct or implied, that are capable of ‘objective substantiation’, i.e. factual claims about a product or service that can be proven. Our sister organisation, the Committee of Advertising Practice, provides advice on what this means for advertisers.

The rules are also very clear about comparative claims. They are allowed but they must, of course, be truthful and fair as well as ensuring they avoid denigrating a competitor’s product or brand.

On this occasion we were satisfied that Unilever had proved its claims. It provided test results which showed that the infusion of tea was greater when using a pyramid teabag than when using a round teabag. Also, as the comparison was not made with an identifiable competitor, we concluded that the ad did not denigrate Tetley.

The right blend
We are, of course, committed to ensuring that there is a level-playing field amongst competitors and everyone plays by the same rules. But to avoid tit-for-tat complaints, advertisers have to provide evidence that they have tried to resolve their complaints with their competitor before we will agree to take on their case.

Advertising can become highly competitive as companies strive to improve brand recognition and market share. This is good for consumers, it promotes choice and drives down prices. But it’s crucial that all advertisers play fair and, while promoting their products in the best possible light, avoid misleading consumers or discrediting rivals.

This latest ruling will hopefully percolate all advertisers’ thoughts when considering comparative campaigns or lodging complaints against their competitors.

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