ADVERTISING BOARD PRESS RELEASE REVIEW APRIL 2024
İçindekiler
ToggleThe Advertising Board (“Board”) publishes its evaluations on advertisements made on platforms such as social media, websites, etc. through Press Releases every month and imposes sanctions such as administrative fines and suspension of such advertisements.
The 344th Press Bulletin (“Bulletin”) of the Advertising Board, published in April 2024, consists of 161 decisions and various topics such as communication services, food, health, cosmetics and cleaning products, unfair commercial practices, and health. In this review, we have tried to include the interesting decisions in the Bulletin and especially the decisions that impose administrative fines.
FOOD
In the examination that came before the Board due to the promotions regarding Bayer’s dietary supplement product; “Supradyn Focus Film Coated Tablet Multivitamin, Mineral and Ginseng Containing Dietary Supplement” was published in various media in relation to the dietary supplement product named “Supradyn Focus Film Coated Tablet Multivitamin, Mineral and Ginseng Containing Dietary Supplement” with the words “She is Melissa Vargas, everyone knows her for her achievements, but who is behind her story? For example, Vargas who struggles, Vargas who does not give up but makes you say give up, Vargas who competes with herself, who is broken into a thousand pieces, who falls but always continues, that moment when you choose to continue that actually makes you who you are. The power you seek is in you, Supradyn is with you every day…” In the commercial, Melissa Vargas, who is known for her strong athlete personality, has difficulty, tries to keep up with many things in her busy schedule, finds strength and energy with Supradyn in response to her tough workouts and struggles, and thus continues without stopping and giving up. In this context, the Official Gazette dated 20.04. 20.04. 2023 dated and 32169 numbered Official Gazette and entered into force on the basis of the Regulation on the Use of Health Declarations in Food and Supplementary Foods, which was published in the Official Gazette dated 20.04. 2023 and numbered 32169, in the Annex-1 list of the “Guideline on the Use of Health Declarations in Food and Supplementary Foods”, the health declarations permitted to be used for various nutrients, substances, foods or food categories are listed, However, when the aforementioned expressions and visuals in the advertisements subject to review are considered as a whole, it has been evaluated that the composition of the advertisement film and the expressions used in the text of the advertisement create a perception that the aforementioned product is intended to increase physical performance and concentration, and therefore this situation constitutes a violation of the legislation on health declarations. In this context, the Board decided that the advertiser Bayer Türk Kimya San. Ltd. Şti. with an administrative fine of TL 388,526 and suspension of the aforementioned advertisements in accordance with Articles 63 and 77/12 of the Law No. 6502 on the Protection of Consumers (“Law”).
Through the mobile application of Yemek Sepeti, “1 Eat 1 Gift! Super Restaurant” campaign advertisements, including the restaurants named “Ekrem Coşkun Döner” through the mobile application of Yemek Sepeti; within the scope of the said advertisements, consumers ordered meat doner from restaurants named “Ekrem Coşkum Döner” in order to benefit from the aforementioned campaign through the mobile application of the company, but the gift product was not sent as promised in the relevant campaign advertisements, it was understood that the consumer could not benefit from various campaigns since the campaign in question did not cover the product named meat doner with the letter sent to the Ministry of Commerce, however, in the content of the advertisements in question, promotions were made only by including expressions such as “1 Eat 1 Gift”, therefore, the relevant advertisements, It has been evaluated that the advertisements in question constitute misleading and deceptive nature of the consumers due to the fact that the content of the said campaign is valid for the products or menus to be determined by the restaurants included in the campaign, but the content of the campaign is not clearly stated in the said advertisements, and it has been decided to impose an administrative fine of 059 TL and to suspend the said advertisements in accordance with the relevant articles of the Law on Yemek Sepeti Elektronik İletişim Perakende Gıda Anonim Şirketi.
COMMUNICATION SERVICES
In the examination brought before the Board due to the advertisements carried out through Turkcell’s mobile application; although it is claimed that there are more favorable offers for the tariff named Mega+21 GB Package than the offer offered through the mobile application, there is no other information/document in the file to support this matter, however, in line with the statement made by the advertiser, if there is no distinction between the sales channels in terms of price, the use of the phrase “The best price among Turkcell channels for this offer! ” is misleading, considering that the consumer will encounter the same price information regardless of the sales channel through which the tariff is purchased, and in this sense, there should be no economic justification for the consumer to prefer the offers offered through the mobile application. Therefore, it has been assessed that the said advertisement is deceptive and misleading, does not reflect the truth considering the perception level of the average consumer and the possible effect of the advertisement on the consumer, causes consumer victimization and violates the principles of fair competition, and it has been decided to impose a fine on the advertiser Turkcell İletişim Hizmetleri A.Ş. to suspend the said advertisements in accordance with the relevant articles of the Law.
In the investigations brought before the Board regarding the advertising campaigns published on LG’s website, the Board decided to impose an advertisement penalty on the consumer who uploaded the invoice of the shopping he made within the scope of the campaign on 10.01. 2024, the fuel points promised in the advertisements were not given to the consumers on the grounds that the invoice upload date had passed, there was no exception on the said website stating that the invoice upload date for televisions purchased in November was December, the advertisement visuals regarding the allegations and the proving information and documents regarding how many consumers benefited from the campaign in question were not submitted to the Ministry of Trade, Therefore, it has been evaluated that the advertisements in question do not contain information that is an exception to the main promise and that the claims presented cannot be proven otherwise, and it has been decided to impose an administrative fine of TL 128 and to suspend the aforementioned advertisements on the advertiser LG Electronics Ticaret Anonim Şirketi in accordance with the relevant articles of the Law.
OTHER GOODS AND SERVICES
In the examination before the Board due to the discounted sale advertisements on Derimod’s website; sales advertisements are regulated within the framework of certain conditions in the advertising legislation, in such advertisements, the start and end dates of the discounted sale, especially the price before the discount, if there is a general announcement such as a discount up to %…, in this area, in case of a discount on a single good or service, on the relevant product page; if the amount of the goods or services offered for sale at a discount is limited, this amount should be clearly and clearly indicated on the product page where the relevant goods or services are promoted, etc. It is stated that the regulation on displaying the pre-discount price is important in terms of informing consumers about the price in a clear and understandable manner, especially when evaluated together with the provisions of the legislation “In determining the sales price of a good or service before the discount, the lowest price applied within thirty days prior to the date of the discount is taken as basis.” and “Expressions or images that may mislead consumers by causing confusion about how much discount will be applied or that may create the impression that more discount is applied than it actually is cannot be included.”. In this context, it is stated that the pre-discount price should be determined by the price history of the good or service in the relevant sales channel, in other words, the pre-discount price determined on the basis of a price other than the physical store price for an online campaign, the seasonal price determined for the good or service, the price recommended by the manufacturer/distributor or the lowest price applied in the last thirty days will be misleading to consumers within the scope of the relevant legislation, Considering both the fact that the products are offered for sale with prices that rise and fall within the specified periods and that the pre-discount prices included in the promotions subject to the review are higher than the amounts in question, it has been determined and evaluated that the goods in question have been subject to different campaigns before, and that the pre-discount prices of the goods within the scope of the campaign are not the lowest price in the last thirty days as stated in the advertising legislation. Therefore, Derimod Deri Konfeksiyon Pazarlama Ticaret ve Sanayi A.Ş., the advertiser, was imposed an administrative fine of TRY 059 and the suspension of the aforementioned advertisements in accordance with the relevant articles of the Law.
In the examination before the Board due to the discounted sale advertisements on Pierrecardin’s website; the product titled “Orange Cabin Size Suitcase” offered for sale on the website was purchased by the applicant consumer on 19.12.2023 for 1.852,13 TL with a discount of 4.999,00 TL. 852.13 TL, in this context, the discounted sales advertisements for the product in question were made in accordance with Article 14/3 titled “Discounted sales advertisements” of the Regulation on Commercial Advertising and Unfair Commercial Practices (“Regulation”), which states “In determining the sales price of a good or service before the discount, the lowest price applied within thirty days before the date of the discount is taken as basis. ” in order to determine whether the advertiser has been made in accordance with the provision, the advertiser was asked for receipts, invoices, etc. showing the price change of the relevant products within 30 days before 19.12.2023, but in the defense response letter entered into the records of the Ministry of Commerce on 27.02.2024, receipts, invoices, etc. proving the price changes for the product subject to review. It has been evaluated that the advertisements and promotions subject to the review are deceptive and misleading to consumers, and it has been decided to impose an administrative fine of 128.00 TL and to suspend the aforementioned advertisements on the advertiser Aydınlı Hazır Giyim Sanayi ve Ticaret Anonim Şirketi in accordance with the relevant articles of the Law No. 6502.
COSMETICS AND CLEANING PRODUCTS
In the examination before the Board due to various cosmetic product promotions on the website of Uraw Kozmetik, it was decided that all cosmetic products subject to the Cosmetics Legislation should be products that are applied to the external parts of the human body and whose effects are temporary; in this context, it was evaluated that the statements containing health declarations in the promotions subject to the examination exceeded the definition of cosmetic products specified in the relevant legislation and were misleading, and it was decided to impose an administrative fine of 128 TL and to suspend the aforementioned advertisements in accordance with the relevant articles of the Law on the advertiser Uraw Kozmetik Anonim Şirketi.
TOURISM
In the examination conducted by the Board due to the commercial practices regarding the call center of Turkish Airlines; the consumer, who applied through the call center of the company, purchased a ticket on 24.02. 2024, a call center service fee of TRY 931 per ticket was added for the said transaction, but the information regarding the relevant situation was not given at the beginning of the call, and after the ticket fee was paid, the call center service fee was stated when the consumer asked the reason for the high fee, and it was determined that the fact that the call center service fee information was not stated in the calls was the general practice of the call center, which was also stated in the reply given by the commercial practitioner. In this context, it has been evaluated that the aforementioned commercial practice constitutes an unfair commercial practice that significantly disrupts the economic behavior of consumers regarding a good or service or causes them to become a party to a consumer transaction that they would not be a party to under normal circumstances. Therefore, it has been decided to impose an administrative fine of TRY 059.00 and to suspend the said unfair commercial practices in accordance with the relevant articles of the Law.
HEALTH
In the examination brought before the Board due to the promotions on Body Lab’s website; the promotions on the website dated 04.08.2023 stated: “Do you want to travel to Turkey? Click here to fill in the form. How We Work: BodyLab Istanbul can schedule your consultation in various ways. This can be done over the phone or during an online intake. During this consultation we collect all the necessary information for the surgeon. All data is then sent to the relevant plastic surgeon in Istanbul. After receiving a response from the surgeon, we will send you the price quote. Sharp prices…All passengers traveling to Turkey must be able to show a negative PCR test. This must not be older than 72 hours. You must also fill in the form below to enter Turkey. We are always at your service and look forward to welcoming you in Istanbul. Sincerely BodyLab Istanbul…Why Turkey? The doctors BodyLab works with have many years of experience in plastic surgery. The hospitals also meet all requirements and have the latest technology. Service and quality are our priority. Specialist doctors. We only work with specialized doctors. Plastic surgery prices in Turkey. The procedure will be cheaper than in your home country as all prices are lower in Turkey. Service in Turkey. The service and friendliness of the people in Turkey is beyond expectations. Brazilian Butt Lift. Nowadays you see beautiful beautiful round buttocks everywhere. Of course everyone wants to be busy 24/7 in the gym. There is no need for that anymore! Contact our team of experts and get buttocks that everyone will envy! Together with us, we make you stand proudly in front of the mirror. Tummy Tuck and Abdominoplasty. Today, it is very easy to have a flat stomach with tummy tuck.” and titles such as “Home, E-Consultancy, Aesthetic Surgery, Why Turkey?, Information, About Us, Information Search”. As it is known, only tourism agencies authorized by the Ministry of Health can provide intermediary services within the scope of international health tourism in our country, and other than that, agencies/businesses/persons/firms etc. In addition, it is regulated that travel agencies with the “International Health Tourism Authorization Certificate” issued by the Ministry of Health are only authorized to carry out the activities of providing accommodation, transportation and transfer services to international health tourists and their accompanying companions and other relatives, in this context, it is stated that it is against the relevant legislation to create a perception that the organization that does not have an “International Health Tourism Authorization Certificate” provides services in the field of health tourism through the promotions on the website subject to review. Therefore, it has been evaluated that the promotions in question are misleading, deceptive and detrimental to public health, and it has been decided to impose an administrative fine of 059 TL and to suspend the aforementioned advertisements on Body Lab Beauty Center Limited Company in accordance with the relevant articles of the Law.
GRC LEGAL Comment:
Our selection of the contents of the Bulletin published in April reveals that the Board imposed various sanctions by subjecting e-commerce platforms and mobile applications, as well as advertising texts and applications carried out through call centers, to strict supervision, thus expanding its sphere of influence.
It is observed that the Board imposes sanctions on companies engaged in advertising activities every month, without exception, within the scope of discount sale advertisements pursuant to Article 14 of the Regulation. In this month’s Bulletin, although there are many decisions referring to the aforementioned provision in line with discount sale advertisements, it is seen that companies that carry out practices such as campaigns/promotions are also subject to sanctions due to the misleading and deceptive nature of the advertisements in question. Therefore, it is important for each company engaged in advertising activities to inform consumers correctly in line with the time, amount, quality, etc. of campaigns, promotions, gift processes, and to carry out their advertising constructions in a way that does not allow for incomplete or incorrect information.
In addition, it can be underlined again that companies should carry out advertising activities in accordance with the law by taking into account the legislation to which the services/products they provide or come into contact with while carrying out their main business activities. As a matter of fact, it is observed that a health institution that advertises without a “Health Tourism Authorization Certificate” engages in activities contrary to the legislation by making misleading and deceptive promotions to consumers, while another company that sells cosmetic products acts in violation of the cosmetics legislation and conducts its advertising activities with statements containing health declarations.