Comparative advertising in Uruguayan and Spanish law, with special reference to its psychological or emotional character

Abstract

Comparative advertising is a legitimate means for informing consumers about the advantages that the products or services offered in comparison with the competition. Despite the initial rejection, the current trend favors this kind of advertising. Nonetheless, to protect consumers, limitations have been imposed on comparative advertising. Both in Uruguay and Spain legal provisions establish requirements to allow comparative advertising. In both legal systems, truthfulness and objectivity in the information and comparison are required. However, there is one requirement on which they differ. Uruguayan law expressly prohibits that the data compared be of a psychological or emotional nature, while the Spanish law is silent on this matter. This paper analyzes the scope of this requirement.