Turkey: Advertising Of Consumer Goods

Last Updated: 15 April 2013
Article by Hatice Ekici Taga

Advertisements are regulated in Turkish Law under Law on Consumer Protection, No. 4077 ("Consumer Law") and the Regulation on Principles and Application Essentials Regarding Commercial Advertisements and Announcements ("Advertising Regulation"). Pursuant to the Consumer Law, advertisements and announcements shall comply with the law; principles adopted by the Advertisement Board, general moral values, public order, personal rights and shall be correct. Consumer Law also sets forth that the advertisers are required to prove the material claims referred in the advertisement or the announcement.

The competent authority that inspects the compliance of advertisements is the Advertisement Board, which operates under the Turkish Ministry of Customs and Trade. The Advertisement Board does not only consider the Consumer Law's provisions in its decisions but also takes into consideration the provisions of the other applicable legislation, such as Regulation on Promotional Activities of Human Medicinal Products, Law on Prevention of Hazards of Tobacco Products, Cosmetic Regulation, Turkish Food Codex Regulation on Labelling. These regulations contain special provisions for advertisements of certain product groups, such as health products, tobacco products, herbal products, cosmetics etc.

Recently, the borderline category has been abolished by the Regulation on Herbal Medicinal Products. After this abolishment, the advertisements of herbal products, cosmetics and foods are increased in importance, whereas the borderline products shall be regarded as OTC, herbal medicinal product, biocidal product, cosmetic or foods supplement. Therefore we explain below the advertisement of the products falling under such categories:

Cosmetic Products

The advertisement of cosmetic products is regulated under the Cosmetic Regulation which stipulates parallel provisions with the consumer protection legislation mentioned above. On August 29th, 2012, General Directorate of Pharmaceuticals and Pharmacy of the Ministry of Health of Turkey ("MoH") published "Guidelines on Advertisement of Cosmetic Products" which stipulates detailed provisions. The Guidelines repeat the main principle that advertisements and packages of cosmetic products should be correct and truthful. Packages and labelling, which are deceptive, misleading, harmful to public health are prohibited. Furthermore, in an advertisement it should not be claimed that a cosmetic product treats a disease or has the effects of a pharmaceutical product.

MoH also published an announcement that prohibits the term "antibacterial" in advertisement of cosmetic products and allows its use in advertisements of biocidal products on August 24th, 2010. The Advertisement Board strictly follows this rule and in this regard it solely reviews use of the expression "antibacterial" and the content of the advertisement is not considered.

It is observed that the Advertisement Board is particularly sensitive on cosmetic product advertisements, especially when statistics are used in the advertisement. The Advertisement Board strictly applies that if the accuracy of the information provided in the advertisement cannot be proven; such advertisement would be considered misleading. Moreover, precise expressions such as "100% success", "first in the world" need to be soundly evidenced. Especially, the terms as "natural" and "organic" in advertisement should be evidenced as stated in the "Guideline on the Natural and Organic Cosmetic Products Claims".

Furthermore, the Advertisement Board states that the cosmetic products have temporary effects when the permanent effects are provided by the pharmaceutical products. If an advertisement of cosmetic product contains a claim as "permanent effect", the Advertisement Board may impose an administrative fine.


The advertisement of foods and also food supplements is regulated under the Law on Veterinary Services, Plant Health, Food and Feed and Turkish Food Codex Regulation on Labelling ("Food Regulation"). The provisions of the Consumer Law and the Advertisement Regulation are also applicable for foods.

Pursuant to the Food Regulation, an advertisement should not state that the food has the effects of a pharmaceutical product and treats a disease. However, health claims can be used if certain conditions listed in the Food Regulation are met. These conditions are related to content of the foods as "alcohol content should not be more than 1,2 %". The Food Regulation also lists the health claims prohibited for the foods. These prohibited health claims are listed below:

  • The claims state that "if the food is not consumed, your health shall be effected negatively"
  • The claims contain quantities or rate of weight loss
  • The claims refer to declarations of doctors or health care professionals
  • Except the situations permitted by the Ministry; the claims refer to recommendations of trade bodies related to medicine, nutrition or dietetic and non-profit organisations related to medicine

The Advertisement Board also seems to be sensitive on food advertisements and carefully analyses each of the claims used in advertisements. For instance, the claims "100% natural" and "Turkey's first and only pudding that is 100% natural" were concluded misleading for the consumers.

In a conclusion, upon complaint or ex-officio, the Advertisement Board reviews all advertisements, especially advertisements of consumer goods. We estimate that the sensitivity for the consumer goods shall be increasing due to abolishment of the borderline category. In this regard, companies operating in this sector should take the legislation and the Advertisement Board's decisions into consideration to avoid facing any administrative fine.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions