GOOD AFTERNOON

SHILPI MAM’S KAIZEN GROUPMEMBERS

AMARNATH SINGH MANALI MEHROTRA DEEPIKA SINGH NITENDRA SINGH HIMANSHU

TRIPATHI

PRIYANKA SRIVASTAVA

RAJAN SEN SINGH SWATI VERMA SUDHANSHU

PATHAK SHAINKEY

SRIVASTAVA

COMPARATIVE ADVERTISING

“Advertising that compares two or more specifically

named or recognized brands"

Advantages from the Consumer's Point of View

It represents an inevitable part of the con-sumer decision-making process, particul arly at the evaluation stage.

It creates "Perfect competition", "Perfect information" and "free choice"

Characteristics of True Comparisons

Two or more specifically named brands

Two or more attributes of the good or service

A statement, implication or demonstration of factual information, as a basis for the claim

EXAMPLES

PEPSODENT V/S COLGATE

Hindustan Lever introduced new toothpaste called New Pepsodent, claiming to be 102% better than the leading toothpaste.

Lip movement in the ad indicated Colgate as the other toothpaste referred, although voice muted.

Also, same jingle as used in the Colgate ad is played.

PEPSI V/S COKE

Maruti Udyog Ltd V/S Hyundai Motor India Ltd

Maruti Udyog Ltd recently served a

legal notice on arch rival Hyundai Motor India Ltd alleging that the latter had printed incorrect information about its latest car Swift in an advertising brochure.

KINGFISHER AIRLINES V/S GO AIR AIRLINES

The airline companies had hit directly on each other …………..

RIN V/S TIDE

Rin released a advertisement which makes Tide's product 'inferior‘- a TV commercial claiming to be better than Tide by not just naming but showing the competitive product.

In the Rin ad, the claim is limited to a whiter wash- ‘Tide se kahin behatar safedi de Rin’

‘Godrej’s Hair Dye’ V/S Vasmol Hair dye

The ad opened with a lady dyeing her hair with instant hair dye made by mixing hair dye and developer contained in two cylindrical bottles labelled as ‘Sadharan’ (ordinary).

The ad showed the anguish of the lady with falling hair. and attributed this to the use of inferior dye containing harmful chemicals. It ended with the picture of ‘Vasmol 33 Hair Dye’ which is stated to contain Ayurprash, a natural way of blackening the hair and strengthening the roots of the hair.

Godrej’s contention was that the pictorial depiction of two cylindrical bottles would identify it as its product. Godrej claimed that its products were disparaged not only by insinuating that these contained harmful chemicals but also by calling these as ‘Sadharan’ (ordinary).

Risks of Comparative Advertising

There is a danger that once undertakings address the merits and inadequacies of competing goods or services, they may be tempted to denigrate them or derive unfair advantages from such inaccurate comparisons.

In case of comparative advertising, commercial relationships may be exposed to the constant threat of unfair practices.

Over view of Comparative Advertising

laws

The Delhi High Court summarized the law as follows:

A tradesman is entitled to declare his goods to be the best in the world,

even though the declaration is untrue.

He can also say that his goods are better than his competitor’s, even though such statement is untrue.

3. For the purpose of saying that his goods are the best in the world or his goods are better than his competitor’s he can even compare the advantages of his goods over the goods of others.

4. He, however, cannot while saying his goods are better than his competitors', say that his competitors' goods are bad. If he says so, he really slanders the goods of his competitors. In other words he defames his competitors and their goods, which is not permissible.

5. If there is no defamation to the goods or to the manufacturer of such goods no action lies, but if there is such defamation an action lies and if an action lies for recovery of damages for defamation, then the Court is also competent to grant an order of injunction restraining repetition of such defamation.

India’s Attitude Towards Comparative

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In India, the "Advertising Standards Council ofIndia (ASCI)" specifies that comparativeadvertisement is permissible if:

The aspects of the products compared are clear The comparisons do not confer artificial advantages on

the advertiser It is factual and substantiable The consumer is unlikely to be misled There is no unfair denigration of the competing product

Do comparative ads help the brand?

It is most often seen in markets and categories that are “price-sensitive” or where “a benefit/ attitudinal upper hand by brand” is the key to winning consumer votes in a crowded “me too” category. Consumers today need “instant, ready-to-consume” information on products and services. Comparative advertising helps them make informed choices. This, of course, assumes that comparative advertising does not misrepresent the facts.

Rohit Ohri, Managing Partner, JWT India.

Some brands want to build their images around controversy and ambush—in which case, it may still be strategically correct. Still, there is no research that shows consumers like a name-caller any more than they like a brand that seeks to connect with them in a positive way.

Lynn de souza Chairman and CEO, Lintas Media Group.

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