COMPETITIVE ADVERTISING IN CANADA

Sometimes a client will get some research results that are just too good not to share, especially if those results show that consumers prefer the client’s product over a major competitor’s. When this happens, naturally the results should be publicized, but before anyone starts producing spots that trumpet the client’s victory to the world, there are a few things to keep in mind.

Comparative and competitive advertising in Canada has to meet stricter standards than those enjoyed by our colleagues south of the border. Unsurprisingly, Canadian advertisers are required to be a little more…polite.

We cannot interpret research results in a way that disparages the competitor, no matter how tempting it is to work a little jab into a creative concept.

For instance, we can’t say “Our widgets are better than Company X’s widgets” even if we have research that concludes our widgets are more durable, tastier, bigger and better value than Company X’s widgets. Instead we can only report the facts, back them with client attestation letters, and wait to see how Company X responds.

So our advertising will say “Our widgets are preferred over Company X widgets 9 times out of 10 by Canadian widget consumers”, with a legal super to indicate the source of this information. Company X can then respond by complaining to Advertising Standards Canada (ASC), Telecaster (TVB) and/or CBC Advertising Standards at which point we’d have to be able to prove that our claim was truthful and accurate.

A spot that implies that the competitor’s widgets are unsafe or inferior will never see the flickering light of a TV screen.  Subtle details can make the difference… adjectives need to be used with care, actors cannot sneer at a competitor’s merchandise, and that merchandise can’t have packaging that resembles the competitor’s trademarked packaging.

If you come across a creative concept that takes a nice jab at the competition, please make sure you share it with your traffic coordinator before your client falls in love with it. Often scripts and storyboards can be tweaked in the pre-production stage to make sure that no rules are broken, but it’s much harder to fix issues in spots that have been produced. Check early, check often!