Comparative advertising: product comparisons and the evidence you need

Comparative advertising can show the difference between products, but footage in which your product performs better is not enough on its own. The comparison should address the same need, rely on objective, verifiable features and avoid misleading the audience. Prepare the evidence and define the limits of the conclusion before commissioning a script. Otherwise, a polished edit may promise more than was actually tested.

Once you have a verified claim and defined demonstration conditions, create a brand account on Blogger Bank and post a brief for a video demonstrating a specific product feature. Separate the approved message from the creator's creative freedom, and request the video along with the agreed source footage as deliverables. The platform helps you find a creator and receive the material; it does not conduct research or assess the advertisement's legality on the brand's behalf.

A comparison begins before a logo appears

Under Article 16(3) of Poland's Act on Combating Unfair Competition, comparative advertising is advertising that directly or indirectly identifies a competitor or its goods or services. Naming the competitor is not necessary. Distinctive packaging, a device's shape or a suggestion in a caption may allow viewers to recognise the reference product even when its label is covered.

Analysing competitors' campaigns serves a different purpose: you gather information for your own decisions rather than address an advertising claim of superiority to customers. Nor should you treat a commissioned comparison as an independent opinion simply because a creator delivers it. The message's actual function determines its nature, not a file named “review”.

All the conditions must be met

Polish law does not impose a blanket ban on comparative advertising. It does, however, set conditions that must all be met. Their common core also appears in Article 4 of Directive 2006/114/EC. When preparing an advertisement, check the full set, not just whether one figure is correct:

• The advertisement must not mislead, including through how it presents the result or omits material conditions.
• It must compare goods or services meeting the same needs or intended for the same purpose fairly and verifiably.
• It must objectively compare material, relevant, verifiable and representative features; price may be one such feature.
• It must not cause confusion between the advertiser and the competitor, their products or their distinguishing signs.
• It must not discredit the competitor, its goods, services, activities or distinguishing signs.
• For goods with a protected geographical indication or protected designation of origin, it must relate to goods bearing the same designation.
• It must not take unfair advantage of the competitor's reputation or of protected product designations.
• It must not present a product as an imitation or replica of a product bearing a protected trademark, geographical indication, designation of origin or other distinguishing sign.

These conditions govern the comparison; they are not permission to advertise any product. Sector-specific rules and consumer protection requirements must be considered separately. This guide sets out general principles for the Polish market and does not replace a lawyer's assessment of a particular advertisement. It is based on the consolidated text of the Act published in the Polish Journal of Laws of 2026, item 85, and the Directive cited above.

Choose a feature you can actually verify

Instead of starting with “we are better”, write down a purchasing question: is this model easier to carry, does it take up less space, or does it maintain temperature under specified conditions? “Better” does not explain what was measured. An empty product's weight and the result of a heat-retention test are different pieces of evidence. Success on one criterion does not justify a claim of superiority in every use.

Working example, not a research finding: a brand wants to demonstrate a cup's thermal insulation. It should specify the exact models, their capacity and condition, the drink's starting temperature, the amount of liquid, the ambient temperature, how the cups are closed and when the reading is taken. Testing a competitor's open cup against your own closed model does not answer the same question as testing both products according to their instructions.

Choose the method before you know the result. Record why the selected parameter matters to the buyer and what limits the extent to which the result can be generalised. One impressive take does not prove that every unit will behave the same way. Where a claim requires technical, consumer or laboratory research, a creator's footage cannot replace an appropriately designed study.

Make every claim traceable to evidence

Prepare a claim record: the exact advertising statement, the products compared, the source, the date the data was collected, the method, the result and its limitations. Name the person responsible for keeping it current and specify what should trigger a fresh check, such as a model change. This is a suggested way to organise documentation, not an official form or a guarantee of legal compliance.

In practice, the documentation should allow someone outside the team to understand how the message was substantiated. Keep the full results, not just a favourable extract, identification of the units tested, photographs of the test setup and unedited recordings. When using manufacturer data, retain the specific version of the specification. A screenshot without an address, date or product variant may not be enough to reconstruct the comparison.

Do not leave documentation until a complaint arrives. Article 18a of the same Act places the burden of proving the truth of advertising statements on the person accused of an act of unfair competition involving misleading conduct. This does not mean that the burden of proof is allocated identically in every type of dispute. It does, however, show why “the creator checked it” is a weak foundation for a campaign.

When comparing environmental impact, also review greenwashing examples and how to verify environmental claims. Evidence about one product component does not automatically establish an advantage for the entire brand.

Price comparisons need a date and purchase conditions

If you compare prices, use identifiable offers and explain what the customer receives. Capacity, quantity, included equipment, delivery, a requirement to buy a bundle or eligibility for a promotion can change the meaning of the message. A lower price for a smaller pack does not prove a lower cost for the same quantity. Retain the date and sources of both offers, and show material differences rather than burying them in an illegible footnote.

For comparative advertising relating to a special offer, Article 16(4) requires, depending on the conditions, a clear indication of the expiry date or a statement that the offer lasts until stocks run out or services cease to be provided. If the offer has not yet started, the start date of the special terms must also be given. Decide who will stop the advertisement from running when the comparison is no longer current.

Commission a demonstration, not a predetermined victory

The creator should be able to demonstrate the test clearly, not just deliver a slogan convincingly. Look for portfolio footage that shows the product, the action and the result without misleading cuts. Agree in advance who takes the measurements, who supplies the evidence and who approves the final message. If the test does not confirm the brand's hypothesis, change the message or drop the comparison rather than asking for a more favourable edit.

Post this brief on Blogger Bank, collect applications and choose a creator based on examples of demonstrations. Use the conversation attached to the brief to agree on the filming process and the full set of files to be delivered. Our guide to writing a creator brief provides the general structure; for a comparison, add the test conditions and, above all, the limits of the conclusions that may be drawn.

Example brief excerpt: “We need a video showing temperature measurements in cups using the method provided. The model identifiers, the way the cups are closed and the readings must be visible in the frame. Deliver a captioned video and the agreed raw footage of the measurements. Do not turn a temperature result into a claim about overall product quality. If the procedure deviates from the method or the result is inconclusive, report this before editing. Publication only after the brand approves the material.”

Add your deadlines, file formats, revision terms, usage scope and advertising disclosure requirements to the brief. When reviewing the delivery on Blogger Bank, compare the materials received with those agreements. Acceptance on the platform is the brand's decision about the creator's work, not certification that the comparison is lawful or confirmation that the research is reliable.

Check what the audience will see, not just the script

Before publication, watch the video without sound, then read the description and thumbnail on their own. Each of these elements can suggest a broader advantage than the research supports. Check whether the caption identifies the exact models and conditions, whether the chart scale exaggerates the difference and whether the edit conceals a material part of the test. Limitations should be legible where the audience encounters the promise.

Keep factual assessment separate from sponsorship disclosure. A fair comparison may still be advertising and should be labelled appropriately; our guide to labelling influencer advertising explains the details. Do not commission ridicule of a competitor or suggestions that it works with your brand. Covering the logo does not fix a disparaging or misleading message.

Assign someone to check for changes to the offer or specification after publication and pause the campaign if necessary. Start with a clearly limited claim, its documentation and a brief consistent with that evidence. Only once you have all three should you move on to choosing a creator on Blogger Bank.