A New Era In Advertising: Amendments To The Regulation On Commercial Advertising And Unfair Commercial Practices

The Regulation Amending the Regulation on Commercial Advertising and Unfair Commercial Practices1 (the “Amending Regulation”), prepared by the Ministry of Trade, will enter into force on 1 August 2026.

The Amending Regulation introduces comprehensive amendments through sixteen articles, with significant changes concerning definitions, discounted sales, environmental claims, consumer reviews, advertisements disseminated through social media influencers, targeted advertising, and prohibited advertisements.

1.      New Era, New Definitions

 The Amending Regulation introduces, for the first time, legal definitions of the concepts of “environmental claim,” “social media,” “social media influencer,” “targeted advertising,” and “consumer reviews.”

2.      Targeted Advertising

 Under the Amending Regulation, targeted advertising is defined as the delivery of advertising content tailored to specific individuals or groups by sellers, service providers and intermediary service providers through the analysis of consumers’ online behaviour, records of their previous preferences, location data, demographic data or other similar personal data.

Within this framework:

• Targeted advertising may be carried out provided that consumers are given direct and easily accessible information regarding the criteria on the basis of which the advertisement is displayed to them and the manner in which such criteria may be
• Where it is known, or can reasonably be expected to be known, that the consumer is a child, targeted advertising based on profiling techniques using personal data is

3.      Comparative Advertising of Food Supplements

Under the current rules, matters falling within the scope of health claims may not be used as a basis for comparison in food advertising. Comparative advertising of food supplements is also expressly prohibited.

The Amending Regulation removes the prohibition on comparative advertising of food supplements. However, advertisements suggesting that food supplements may replace foods consumed as part of a normal diet will now be prohibited.

In summary, although comparative advertising will no longer be prohibited, statements implying that a food supplement may substitute for a balanced and adequate diet or serve as an alternative to the regular consumption of food will remain prohibited.

4.      Amendments Concerning Discounted Sales Advertising

Under the current rules, the reference price for discounted sales advertisements is determined on the basis of the lowest price applied during the thirty-day period preceding the date on which the discount is introduced.

Under the Amending Regulation, in the case of the sale of goods, the reference price will instead be determined on the basis of the lowest price applied during the ten-day period preceding the commencement of the discount. For advertisements relating to perishable goods, such as fruit and vegetables, the price immediately preceding the discounted price will serve as the reference price.

In addition:

• Where goods or services are offered for sale through different sales channels, including physical stores, websites, mobile applications, online marketplaces and dealers, the pre-discount price will be determined solely by reference to the price history applicable to the channel in which the discount is Prices applied through one sales channel may not be used as a reference for a discount offered through another channel.
• Discounts offered under loyalty programmes, including mobile-app-only discounts and members-only discounts, will be subject to the rules governing discounted sales, provided that the relevant programme is readily accessible to or usable by
• Conditional sales advertisements linked to a specified monetary threshold, quantity or transaction condition, such as “buy two, pay for one”, will also be subject to the rules governing discounted sales.

5.      Environmental Claims: A Word of Caution

Under the current rules, advertisements may not be designed in a manner that exploits consumers’ environmental sensitivity, and findings relating to environmental impact may be used only if they are based on scientific studies accepted by academic institutions. However, the current framework does not prescribe a specific standard of substantiation.

The Amending Regulation makes it mandatory for certificates and approvals used in advertisements containing environmental claims to be substantiated by documents and findings issued by competent authorities and institutions, relevant departments of universities, or accredited or independent research, testing and assessment bodies. In addition, the use of general expressions such as “environmentally friendly” without further explanation, or in a manner likely to create ambiguity for consumers, is prohibited. Advertisements must also clearly indicate the specific part, component or stage of the product’s life cycle to which the environmental claim relates.

Accordingly, expressions such as “environmentally friendly,” “sustainable,” “carbon neutral,” and “recyclable” may not be used unless supported by a report issued by an accredited or competent body.

6.      Consumer Reviews and Complaint Platforms

 Under the current rules, consumer reviews may only be submitted by consumers who have purchased the relevant goods or services. The Amending Regulation expands this requirement by providing that consumer reviews obtained from platforms where verification of the purchase process is not possible may no longer be published. It further provides that unverified consumer reviews may not be used in advertisements.

With respect to complaint platforms, the period granted to sellers and service providers to exercise their right to provide an explanation or submit a response has been reduced from 72 hours to 48 hours. If no response is submitted within this period, the review will be published directly.

7.      Advertisements by Social Media Influencers

Under the current rules, advertisements disseminated through social media influencers are assessed under the general provisions of the Regulation concerning the recognisability of advertisements and the prohibition of covert advertising.

The Amending Regulation addresses this gap by introducing specific rules applicable to advertisements disseminated through social media influencers. Where a social media influencer directs consumers to goods or services of an advertiser, receives monetary compensation or free or discounted goods or services from the advertiser, shares content relating to the advertiser’s campaigns, prize draws or events, or shares content after receiving a benefit in return for participating in an event organised by the advertiser, the commercial nature of the content must be disclosed as follows:

• The post must include either the wording “Reklam” (Advertisement) or “Tanıtım” (Promotion), together with the advertiser’s name or a statement such as “Provided by @[advertiser]”.
• The advertising disclosure must be clearly distinguishable from the colors and background used in the post, displayed in an easily readable size, and positioned so that consumers can see it immediately upon first viewing the post, without having to scroll.
• Where the content is disseminated across multiple posts or presented in different formats, the advertising disclosure must appear separately in each post in accordance with the above requirement.
• For audio-only content, a statement such as “Contains advertising/promotional content regarding [advertiser]” must be included at the beginning of the broadcast and immediately before the advertising content.

8.      Misleading Use of Academic Titles

Under the current Regulation, advertisements are required to be truthful and honest, must not abuse consumers’ trust, and must not exploit consumers’ lack of knowledge. The Amending Regulation further provides that academic titles may not be used in commercial advertisements or announcements in a misleading or deceptive manner.

This amendment is particularly significant for sectors such as healthcare, cosmetic procedures, cosmetics and consultancy, where academic titles may directly influence consumers’ purchasing decisions. Accordingly, academic titles used in advertisements must be genuine, verifiable and sufficiently connected with the advertised goods or services so as not to mislead consumers.

G. Use of Artificial Intelligence and Digital Replicas

Although the current Regulation contains no provisions specifically addressing artificial intelligence, the Amending Regulation introduces two separate and complementary provisions governing the use of artificial intelligence, thereby taking a concrete step towards regulating the use of AI.

General Transparency Obligation

Where artificial intelligence or other software is used in advertisements in a manner capable of materially influencing consumers’ economic behaviour in relation to goods or services, or where AI technologies are used to create digital characters that are indistinguishable from real persons, this fact must be disclosed in a clear, comprehensible and readily distinguishable manner.

Prohibition on the Use of Digital Replicas

Advertisements using an AI-generated digital replica of a real person are prohibited where they create the false impression that the individual has personally experienced or used the relevant goods or services or has recommended them.

10.  Other Amendments

• The scope of the prohibition on advertisements relating to illegal betting and gambling has been expanded by expressly including illegal games of chance within its scope.
• The Amending Regulation provides that advertisements for medicinal products for human use, electronic cigarettes, tobacco products and alcoholic beverages are prohibited in all forms.
• The provision in the Annex to the Regulation that classified health claims contrary to the applicable legislation as an example of an unfair commercial practice has been Nevertheless, health claims will continue to be subject to review under the relevant sector-specific legislation and the general provisions of the Regulation governing misleading advertisements.

The table below provides a summary of the key amendments introduced by the Amending Regulation.

Our comparative law assessment of the Amending Regulation, together with our sector specific recommendations will be presented in our next legal update.

Footnotes

^{1 The Amending Regulation was published in the Official Gazette dated 1 July 2026 and numbered 33297. The full text is available here.}

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.