Advertising Law
Labelling advertising: what the law requires
The commercial purpose of a communication must be recognisable. That single principle explains almost every labelling rule in advertising.
2 min readJun 7, 2025
Advertising Law
Advertising with test results and seals
A test result is persuasive and comes with obligations: the source, the date, the ranking context and the currency of the result.
Key points
- A test result must identify the source and the date, and be findable by the reader.
- An outdated result is misleading even where it was once accurate.
- Self-awarded seals and paid quality marks require particular care.
Test results and quality marks carry weight precisely because they appear independent. That is why their use is regulated.
What must accompany a result
| Element | Requirement |
|---|---|
| The testing organisation | named |
| The date or issue | stated |
| The grade or result | accurately |
| The rank and field size | how many tested, what position |
| The product tested | the exact variant |
| Where the full result can be found | reference or link |
The fourth row is the one most often omitted. A grade of "good" means something different when it was the best of three and when it was seventh of twenty.
A test result advertised without its context is not a result. It is a decoration that happens to be traceable to one.
Currency
A result remains usable while it reflects reality. It stops being usable when a newer test of the same category has been published, or when the product has changed materially.
Continuing to advertise a result after a newer test in which you performed worse is a recognised form of misleading advertising.
Practical control: diary a review of every published test claim twice a year, and remove those that are superseded.
The exact product
The result applies to the variant tested. Applying it to a successor product, a different size, or a related model is misleading.
This catches businesses whose product range evolves faster than their marketing material.
Licensing and permission
Most testing organisations require a licence to use their result in advertising, with rules on presentation, size and duration. Using a result without that permission is a separate problem, in trade mark and copyright as well as advertising law.
Read the licence terms; they typically specify exactly how the reference must appear.
Seals and quality marks
| Type | Assessment |
|---|---|
| Independent testing organisation | strong, regulated |
| Recognised certification to a standard | strong, verifiable |
| Trade association membership mark | modest, must not imply testing |
| Paid seal with no substantive assessment | risky, potentially misleading |
| Self-awarded mark resembling a certification | prohibited in most jurisdictions |
The last two rows deserve attention. Displaying a mark that suggests independent assessment where none occurred is expressly prohibited in European consumer protection law.
Where a seal was paid for and involves no genuine assessment, using it in a way that implies independent verification is actionable.
Customer awards and ratings
Awards based on customer votes, popularity or paid entry are permitted and must not be presented as though they were independent quality assessments.
State what the award actually measures. "Voted best by 400 readers of X magazine" is accurate; presenting the same thing as a quality certification is not.
Frequently asked questions
How long may a test result be used?
Until a newer test supersedes it or the product changes. Continuing to advertise a superseded result is misleading.
Must the ranking be stated?
Yes. Advertising a grade without stating how many products were tested and where you placed is misleading by omission.
More from Advertising Law
Keep reading
Advertising Law
Influencer advertising: the legal basics
The rules are settled and routinely breached. The exposure sits with the brand as much as the creator, and the contract is where it is managed.
2 min readJun 5, 2025
Advertising Law
Avoiding misleading advertising
A claim does not have to be false to be misleading. It only has to create an impression that does not correspond to reality.
2 min readJun 3, 2025