There is no doubt that advertisements are among the most influential tools in consumer preferences and purchasing decisions. Advertising content that makes a product or service appear more attractive, of higher quality, or more advantageous becomes a powerful marketing weapon when used correctly. However, this fine line is sometimes crossed, and the nature of the advertisement takes on a deceptive form. In such cases, not only do legal sanctions come into play, but consumer trust is also significantly shaken, causing permanent damage to the brand’s reputation.
It is precisely to protect this critical threshold that the Advertisement Board, operating under the Ministry of Trade as an administrative supervisory authority in Turkey, intervenes. The Board, in accordance with the relevant provisions of the Law on the Protection of Consumers, meticulously monitors commercial advertisements and imposes necessary sanctions against advertising content that includes deceptive, misleading, or unfair competition elements. Some recent decisions of the Advertisement Board clearly demonstrate how maintaining truthful communication with consumers and ensuring fairness in the market through advertising requires a delicate balance.
For instance, a legal dispute concerning allegations of design infringement, lasting nearly 10 years, recently came to public attention and received considerable coverage. This case, which was significant in terms of protecting product design and commercial identity, also drew attention as it was evaluated within a different legal framework than the decisions of the Advertisement Board. In the incident in question, a well-established glassware manufacturer known nationwide objected to an industrial design registration application filed by a competing company, arguing that the tea plate design used by the competitor bore a striking resemblance to its own iconic and registered model. The allegation was that the design used by the rival company undermined the originality and distinctiveness of the product, which in turn led to confusion among consumers regarding the brand of the product. Indeed, the Turkish Patent and Trademark Office rejected the application on the grounds that the design in question could be confused with a previously registered tea plate design. The applicant company challenged this rejection in court, and after a lengthy legal examination and appeals process, the court evaluated the matter not only as an infringement of design rights but also as misleading consumers through advertising and promotion, constituting unfair competition.
Similarly, in 2024, the Advertisement Board issued a significant precedent-setting decision concerning one of the two leading nationwide cosmetic retail chains with an extensive store network. The company, in its discount campaigns, gave the impression of exaggerated price reductions by displaying previous sales prices of products as significantly higher than they actually were. Upon receiving complaints, the Board conducted an investigation and found that, although the company stated that the incorrect pricing had been due to erroneous data entry into the system, the firm had failed to exercise the required professional diligence, thereby causing consumer detriment. Furthermore, it was determined that the campaign was not implemented at the advertised time. Accordingly, the Board decided to impose an administrative fine of TRY 550,059 and ordered the cessation of the aforementioned advertisements. The decision also reminded that, in accordance with the relevant legislation, the pre-discount sales price must have been genuinely applied for at least 30 days prior to the discount, and since this condition had not been met, the practice was characterized as an “artificial discount.”
These two examples demonstrate that advertising, far from being a mere promotional tool, is a powerful means of communication that directly influences consumers’ purchasing decisions and must comply with specific legal criteria. Particularly in sectors with intense competition, companies may resort to exaggerated or competitor-referencing advertising strategies in an effort to stand out. However, it must not be forgotten that making false or misleading claims, especially regarding distinctive product design, pricing information, origin of the product, or quality assurances, constitutes a clear violation of both ethical norms and legal regulations. Such violations are not limited to administrative fines; they also lead to loss of public trust, significant erosion in brand value, and, if repeated, more severe sanctions.
In this regard, the decisions of the Advertisement Board and the judgments rendered by judicial authorities serve as important guidelines for sector stakeholders. It is not only the provision of overtly false information that falls within the scope of deceptive advertising, but also any implication, analogy, silence, or ambiguity that has the potential to mislead consumers. Therefore, in preparing an advertising campaign, the goal should not merely be to attract consumer attention, but also to establish content that is honest, transparent, and verifiable as a fundamental principle.
In conclusion, the boundary of deception in advertising is defined not only by “what is said” but also by “how it is said.” Every message conveyed to the consumer, every visual element used, and even the overall structure of the advertisement must ensure that the consumer is provided with accurate and realistic information, and must avoid misleading manipulation of perception. True success for brands lies in establishing this delicate balance between capturing attention and building trust.
To maintain this balance, the Advertisement Board closely monitors all forms of communication that mislead, create uncertainty, or distort the truth and does not hesitate to impose sanctions in cases of non-compliance with the legislation. Today, it is not only about what is being advertised, but also to what extent the advertisement aligns with the principles of honesty, transparency, and social responsibility that lies at the heart of regulatory scrutiny. Therefore, misleading campaigns created with short-term attention-grabbing concerns may, in the long term, pose serious legal and reputational risks for brands.
Attorney At Law Atakan Özyurt