Is comparative advertising prohibited?
No. Comparative advertising can lead to price and other competition by allowing prospective clients to compare prices and service offerings. While comparative advertising is not itself prohibited under the Act, and while accurate and truthful comparisons can be highly pro-competitive, comparative advertising can in some instances raise issues (e.g., where unfounded performance claims are made). As such, when making comparative advertising claims, it is prudent to ensure that, as is the case with general advertising, claims be accurate, that any important information or conditions are clearly disclosed and, if performance claims form part of the comparative advertising, that the claims are substantiated before the claims are made.
