How to Properly Compare Products in Advertising

Contents:

• What comparisons definitely cannot be used in advertising
• How advertising can be declared illegal and what will happen if this happens
• How to use comparisons in advertising so as not to break the law

Comparing your product to competitors is a common advertising strategy. However, if such advertising is complained about to the Federal Antimonopoly Service (FAS) and is found to be unlawful during an investigation, it may result in a fine. It is essential to carefully monitor the legal aspects of product comparisons to avoid negative consequences for your business.

In this article from the Skillbox Media Marketing team, we will discuss the key aspects of effective marketing, current trends, and strategies that will help you increase your brand's visibility and attract your target audience. We will cover methods for optimizing content for search engines, the importance of data analysis, and tools that will help you achieve maximum results. You will learn about best practices that will help you stand out from the competition and create a sustainable marketing strategy.

• What comparisons cannot be used in advertising;
• How advertising is declared illegal and what happens if this happens;
• How to use comparisons correctly.

What comparisons definitely cannot be used in advertising

Russian legislation does not directly prohibit the use of comparisons in advertising. However, it is important that advertising remains fair and reliable. These requirements follow from Article 5 of the Federal Law "On Advertising" No. 38-FZ. The use of comparisons can be an effective tool for attracting consumer attention, provided that they are not misleading and correspond to reality. Thus, companies can use comparative characteristics to highlight the benefits of their products or services, but they must comply with legal and ethical standards.

Penalties are provided for comparisons that could make advertising unfair and misleading. Most often, this applies to cases where advertising campaigns use superlative descriptions, inappropriate comparisons, or mentions of competitors that could tarnish their reputation. Let's consider each of these violations in more detail.

Using superlative descriptions to describe a product, such as "best on the market," "first of its kind," or "most useful," requires substantiation. Without specific evidence and facts, such claims can mislead consumers. For this reason, it is important to provide objective product information, supported by data and research results. This will not only increase trust in your product but also improve its visibility in search engines. Using accurate descriptions with a focus on facts and benefits will help you attract your target audience and increase your chances of successful sales.

In 2025, a case was opened against MTS for advertising home internet. The ad claimed that "MTS is the best home internet in Moscow," but the company failed to provide objective data to support this claim. The Federal Antimonopoly Service (FAS) deemed the advertisement inappropriate and banned its further distribution. This case highlights the importance of accurate information in advertising and the need to confirm the claimed characteristics of services.

In 2024, the regulator identified an inappropriate comparison in an advertisement for a Sberbank credit card. The financial institution claimed that its credit card was "once again recognized as the best in the country," but provided no substantiation for this claim.

Incorrect product comparisons can lead to misleading consumers. The use of inaccurate data, incorrect calculations, or erroneous judgments when comparing products is unacceptable. Such actions violate the regulations established by the Federal Antimonopoly Service (FAS). To ensure fair competition and protect consumer rights, it is important to rely on reliable information and appropriate criteria when comparing products.

It is inappropriate to compare dietary supplements with medications, as they represent different product categories. Dietary supplements are intended to complement the diet and may contain vitamins, minerals, herbs, and other natural ingredients. In contrast, medications are developed to diagnose, treat, or prevent diseases and undergo rigorous clinical trials to confirm their safety and effectiveness. Understanding these differences is important for the proper selection and use of these products in everyday life to avoid potential health risks.

Comparative analysis of competitors' products cannot be based on only one criterion. For example, you can compare the prices of similar smartphones and note that Company X has lower prices. However, you cannot claim that one device is superior to another without taking into account important parameters such as memory capacity, case material, camera specifications, and other key features. For an objective comparison, it is necessary to consider all aspects affecting the functionality and quality of the device in order to make an informed choice.

Mentioning competitors in advertising can negatively affect their reputation. While the law does not prohibit referencing other brands in advertising materials, it is important to use objective criteria and support your claims with reliable data when comparing your product or service to competitors. This will help avoid misunderstandings and legal consequences, and will also increase consumer trust in your brand. Proper use of comparisons can be an effective promotional tool if it is based on facts and transparency.

The Federal Antimonopoly Service (FAS) may classify advertising as unfair if it contains negative references to competitors. For example, it is unacceptable to claim that Company X's yogurts are superior in quality and nutrition to Company Y's simply because Company Y's products are preservative-free. Such claims can mislead consumers and violate antitrust laws. It is important to formulate advertising messages that highlight the benefits of your products without directly comparing or disparaging competitors. This will help avoid sanctions from the Federal Antimonopoly Service (FAS) and protect the brand's reputation.

Mentioning competitors in advertising may be considered a violation. For example, in 2018, the Federal Antimonopoly Service (FAS) investigated the slogan used in an advertisement for a Volgograd pharmacy: "Health is not a gamble. Buy your medications from trusted pharmacies!!! New Volgofarm Pharmacy." A linguistic analysis revealed that this slogan contained an inaccurate comparison of medications offered by various pharmacy chains, which could negatively impact the business reputation of all market participants. This highlights the importance of ethical advertising practices and the need to choose wording carefully to avoid legal consequences and maintain a positive company image.

How Advertising Can Be Declared Illegal and What Happens If It Is

The Federal Antimonopoly Service (FAS) is responsible for monitoring compliance with the Law on Advertising. This agency has the right to independently conduct inspections of advertising materials and initiate investigations based on complaints received from individuals and organizations. The FAS plays a key role in ensuring the transparency and legality of advertising in Russia, protecting consumers from unfair advertising.

The Federal Antimonopoly Service (FAS) has the right to independently initiate inspections if there is a suspicion of a violation of the law, for example, if an employee notices advertising on social media that may be deemed illegal. The process for submitting complaints is also important. Complainants can submit their complaints on the regulator's official website, indicating who posted the advertisement, where it was placed, and any issues that raise doubts about its legality. The FAS reviews such complaints and issues a decision within a month. This procedure effectively monitors compliance with antitrust laws and protects consumer interests.

Any individual or organization can file a complaint. This includes users who have encountered an advertisement online, as well as companies that believe the advertisement is negatively impacting their reputation.

If the Federal Antimonopoly Service (FAS) finds an advertisement inappropriate, it will issue a decision requiring the author to cease its distribution. This may include measures such as removing the commercial from television or removing the banner from outdoor advertising. It is important to comply with advertising legislation to avoid sanctions and maintain a positive brand image.

According to Part 1 of Article 14.3 of the Code of Administrative Offenses, the Federal Antimonopoly Service (FAS) has the right to impose a fine on violators. This may occur as a result of identifying antimonopoly violations, such as abuse of a dominant market position or anticompetitive agreements. The amount of the fine depends on the severity of the violation and may vary. The Federal Antimonopoly Service (FAS) strives to ensure fair competition and protect consumer interests by taking punitive measures against violators.

• from 2,000 to 2,500 rubles for individuals;
• from 4,000 to 20,000 rubles for officials;
• from 100,000 to 500,000 rubles for legal entities.

The Federal Antimonopoly Service (FAS) has the right to go to court to compel the violator to publish a refutation of false advertising, in accordance with Article 38 of Federal Law No. 38-FZ. This refutation is called counter-advertising. The advertiser is obliged to place it at their own expense in the same places where the original advertisement was placed, be it a website, TV channel, billboard, or other advertising medium. This ensures that consumers receive accurate information and can avoid being misled.

In 2024, the Federal Antimonopoly Service (FAS) found Alfa-Bank's advertising to be false. It claimed that the bank offered "the best deposit rate in the country - 15%." As a result, the regulator fined the bank and demanded that the advertisement be immediately removed from the air. In addition, following a lawsuit filed by the FAS, the Moscow Arbitration Court ordered Alfa-Bank to place counter-advertising on two radio stations and ten digital billboards located in four Russian cities. This decision underscores the importance of adhering to advertising standards in the financial sector and protecting consumer rights.

How to use comparisons in advertising to comply with the law

The Law "On Advertising" defines the basic concepts of advertising violations, but the Federal Antimonopoly Service (FAS) considers each case individually. To reduce the risk of inspections and fines, we recommend following several important tips. We've compiled them based on the explanations provided on the FAS website. This will help you better navigate the law and avoid common advertising mistakes.

Cite the source of your data when comparing products or services with similar offerings on the market. Substantiate your claims by citing the results of tests, surveys, or studies. This will increase the credibility of your content and improve its visibility in search engines. Proper citation of sources not only supports your arguments but also helps readers find additional information on the topic.

It's safe to say that topics related to current issues always generate interest. Discussing significant aspects, such as legislative changes, social trends, or environmental issues, not only informs the public but also shapes public opinion. It's important to analyze these issues from multiple perspectives to gain a comprehensive understanding of the situation. Understanding the essence of the problem will help find effective solutions and promote positive change in society. Every voice counts and can contribute to the common cause.

• "According to Speedtest, our internet is 15% faster."
• "Forbes ranking: our bank is No. 1 in 2025."

You should not use phrases that could cause misunderstandings or a negative reaction. It is important to avoid expressions that could be perceived as offensive or derogatory. Instead, it is better to focus on constructive criticism and positive communication. This helps to create a more productive atmosphere and improves interactions between people. It is important to remember that the choice of words is of great importance and can significantly affect the perception of information.

• "The fastest home internet."
• "The best bank in Russia."

You should not defame the reputation of competitors. It is prohibited to claim, either directly or indirectly, that your product is superior to those of other manufacturers. Instead, it is more effective and correct to present the objective characteristics of your product. This will allow potential buyers to independently evaluate its merits and make an informed choice.

It's safe to say that successful communication is a key aspect of any interaction. Effective communication fosters trust, increases productivity, and facilitates conflict resolution. It's important to be able to express your thoughts clearly and understandably, as well as actively listen to your interlocutor. This will help avoid misunderstandings and create a positive atmosphere for discussion. Using the right communication techniques can significantly improve both personal and professional relationships.

• "We use natural ingredients."

You can't say something is impossible without trying. Often, limitations arise only in our perception. Before dismissing ideas or opportunities, it's worth considering how they can be realized. Openness to new approaches and a willingness to experiment can lead to unexpected and positive results. Instead of focusing on the negative, it's better to seek solutions and find alternatives. Success comes to those who aren't afraid to try and take action.

• "Other stores sell chemicals, but we sell natural products!"

When comparing products, it's important to be fair. If you plan to compare your product with a similar competitor's product, make sure you evaluate them using the same criteria. Don't forget to consider important characteristics such as quality, functionality, price, and user reviews. This will allow you to get a more accurate picture of the advantages and disadvantages of each product.

It can be argued that this text touches on an important topic that requires careful consideration. It is important to note that discussing this topic can lead to significant conclusions and deeper understanding. During the analysis, various aspects that can influence the overall picture should be considered. A deeper study of the issue will reveal key points and a better understanding of its essence. It is also important to consider expert opinions and conduct additional research to provide a more complete understanding of the subject under discussion.

• "Our powder removes stains 20% more effectively (according to Rospotrebnadzor tests, 2024).
• "More RAM than most smartphones priced under 30,000 rubles (GSMArena data).

It is incorrect to state:

• "Our powder washes better than others."
• "Our smartphone has the largest memory capacity."

Avoid mentioning competitors. While it's not illegal, it's best to avoid linking to other companies to minimize the risk of legal issues.

It's okay to claim that...

• "We deliver pizza in 15 minutes."
• "We have no hidden fees."

It's not okay to claim that...

• "It's tastier than Dodo Pizza!"
• "Beeline charges a hidden 5% commission, but we don't."

If you have any doubts about the legality of your ad, we recommend consulting a lawyer before posting it. You can also submit a request to the Federal Antimonopoly Service (FAS) through the official website or the Gosuslugi platform asking them to evaluate your ad for compliance with the law. This will help you avoid potential legal consequences and ensure your interests are protected.

If you're involved in advertising, Skillbox Media's Marketing editorial articles will be very helpful. Here you'll find up-to-date information, tips, and recommendations to help you improve your advertising strategies and achieve better results. Pay attention to the materials that cover the latest trends in marketing and advertising.

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