“The Regulation on Amending the Regulation on Commercial Advertising and Unfair Commercial Practices” was published in the Official Gazette dated 01.02.2022 and numbered 31737. The changes made in the regulation will enter into force on 01.03.2022.
Scope of Changes
The significant changes made with the relevant regulation are as follows:
- Advertisements may contain images and expressions of patients before and after treatment.
- In case a personalized price is offered to the consumer, information on this matter and the current sales price determined by the seller or supplier for that good or service will be included.
- In sales advertisements, the discount dates and the sales price before the discount will be displayed together. In this context, article 3 of the regulation was changed as follows:
- ‘In the determination of the sales price of a good or service before the discount, the lowest price applied within thirty days before the discount is applied. When calculating the amount or rate of the discount in advertisements for perishable goods such as fruit and vegetables, the price before the discounted price is taken as a basis. The burden of proof regarding these matters lies with the advertiser.
- In advertisements that indicate that a good or service is offered for sale with tied credit:
- the maturity of the loan,
- the interest rate,
- the monthly and annual percentage value of the total cost to the consumer,
- Reimbursement conditions
shall need to be stated.
- It is obligatory to include the advertisement phrase in the ranking results displayed based on agreements such as advertisements or sponsorships.
- Biocidal products have been added to the list of goods and services with special regulations regarding advertising.
- In the case of enabling consumers to evaluate a product or service, or vendors or providers; by vendors and providers or intermediary service providers that mediate the establishment of distance contracts on their behalf in the internet environment; these evaluations can only be made by those who purchase the relevant goods or services.
- Consumer evaluations will be published according to an objective criterion without any guidance for at least one year without making any positive or negative distinctions. Issues regarding consumer evaluations that are not allowed to be published will be immediately notified to the consumer who made the evaluation.
- It will not be possible to make an agreement with a natural or legal person, or to purchase services, in order to make inaccurate evaluations or to use expressions confirming the good or service for the purpose of increasing the sales of a good or service.
- At least seventy-two hours shall be provided to the vendors or providers about whom the evaluation has been made, in order to exercise their right to make a statement or reply before the publication of the evaluation, and the evaluations cannot be published before this period expires or if it is understood that they do not reflect the truth.
Conclusion
The scope of the regulation has been expanded with the aim of protecting the consumer, and new obligations have been imposed on sellers and service providers.
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