4. Comparative advertising shall, as far as the comparison is concerned, be permitted only when the following conditions are met—
(a)it is not misleading under regulation 3;
(b)it is not a misleading action under regulation 5 of the Consumer Protection from Unfair Trading Regulations 2008(1) or a misleading omission under regulation 6 of those Regulations;
(c)it compares products meeting the same needs or intended for the same purpose;
(d)it objectively compares one or more material, relevant, verifiable and representative features of those products, which may include price;
(e)it does not create confusion among traders—
(i)between the advertiser and a competitor, or
(ii)between the trade marks, trade names, other distinguishing marks or products of the advertiser and those of a competitor;
(f)it does not discredit or denigrate the trade marks, trade names, other distinguishing marks, products, activities, or circumstances of a competitor;
(g)for products with designation of origin, it relates in each case to products with the same designation;
(h)it does not take unfair advantage of the reputation of a trade mark, trade name or other distinguishing marks of a competitor or of the designation of origin of competing products;
(i)it does not present products as imitations or replicas of products bearing a protected trade mark or trade name.
