The problem with comparative advertising

Comparative advertising will always attract close analysis and legal threats unless the comparison is truly "like for like" and not misleading. For example, there have been numerous claims and counter-claims between Duracell and Eveready over their batteries and between Telstra and Optus over telecommunications services.

Now ASIC has stepped in over a comparative ad by Navigator in relation to superannuation.

The ‘Compare this Pair’ campaign featured a comparison of the retirement benefits of two notional individuals of the same age and income level, one of whom was a member of the Navigator fund and the other a member of an ‘industry fund’. For the purpose of the comparison, it was assumed that the member of the Navigator fund had accessed financial advice and education provided via Navigator and the member of the ‘industry fund’ had not accessed such advice and education. The retirement benefits projected for the Navigator member were much larger than those for the ‘industry fund’ member. ASIC raised concerns with Navigator that this material may be misleading.

Navigator, without accepting ASIC’s view, agreed to withdraw the material.

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