Comparative Advertising - History

History

The earliest case concerning comparative advertising dates back to 1910 in United States – Saxlehner v Wagner. Prior to the 1970s, comparative advertising was deemed unfeasible due to related risks. For instance, comparative advertising could invite misidentification of products, potential legal issues, and may even win public sympathy for their competitors as victims.

In 1972, the FTC began to encourage advertisers to make comparison with named competitors, with the broad, public welfare objective of creating more informative advertising. The FTC argued that this form of advertising could also stimulate comparison shopping, encourage product improvement and innovation, and foster a positive competitive environment. However, studies have shown that while comparative advertisements had increased since 1960, the relative amount of comparative advertising is still small.

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