The Advertising Board issued an administrative fine and a suspension sanction on the company that owns a social media account, on the grounds that advertisements and promotions conducted on a social media platform created the impression that products offered for sale under registered trademarks were original, thereby misleading consumers.
The Advertising Board under the Ministry of Trade (“The Board”) continues to closely monitor commercial practices that consumers encounter on digital platforms. In its November meeting, the Board reviewed a case concerning the advertisements and promotions conducted on social media.
During its examination, the Board determined that statements that the trademarked products offered for sale were “imported” and “original were included within the scope of the promotions in video format, which were published on a social media platform and directed consumers to an online shopping platform and order channel. However, it was detected that no proving information or documents supporting that the products were imported and original products were submitted to the Ministry.
The Board stated that the use of definitive statements regarding the originality of the products in the promotions in question created a strong perception among consumers that the products were not counterfeit and were obtained directly from the country of origin. The Board determined that this was deceptive and misleading in nature, capable of directly influencing consumers’ purchasing decisions, and should be evaluated within the scope of unfair commercial practices.
According to Article 7 of the Regulation on Commercial Advertising and Unfair Commercial Practices (the “Regulation”), advertisements must be truthful, honest, and not misleading. They should be prepared taking into account the average consumer’s level of perception and the possible effect of the advertisement on the consumer. In this context, directing consumers to an online shopping platform where products bearing a well-known trademark are sold by claiming that they are “original” in digital sales and promotional activities, without supporting such claims with concrete evidence, creates a misleading effect. Furthermore, according to Articles 11 and 12 of the Regulation, advertisements must not abuse commercial reputation nor imitate in a way that misleads consumer or causes confusion. The reviewed promotions were considered to harm both the relevant trademark owners and consumers by giving the impression that the products sold were original and sourced from the country of origin.
Accordingly, the Board decided to suspend the promotions in question and impose an administrative fine. This decision highlights the Board’s firm commitment in protecting both trademark rights and consumer preferences in advertisements and promotions conducted via social media.
You may access the decision numbered 2025/3545, published in the press release of the Board meeting dated November 13, 2025 and numbered 363, via this link, the Regulation on Commercial Advertisements and Unfair Commercial Practices via this link, and the Law on the Protection of Consumers No. 6502 via this link. (Only Available in Turkish)
