Superlatives
Use of the word “best” and other superlatives needs particular care.
If the superlative is subjective, cannot be measured and is presented clearly as a matter of opinion, the claim does not need substantiation, e.g. “it’s the best holiday ever/I had the best holiday ever”.
If the superlative is objective, can be measured against factual criteria and is presented as fact, the claim needs to be supported by satisfactory evidence, e.g. “the UK’s largest X company” or “X’s favourite xxx”.
As well as supporting evidence, objective “best” claims may need to be qualified in the copy, e.g. “with over 24,000 square feet of floor space, we’re the best furniture retailer in the North West”; this makes clear that “best” relates specifically to size rather than, for example, sales.
Claims such as “the UK’s number one/premier/favourite X company” and “Britain’s leading Y specialist” are seen as factual claims which imply market leadership. Satisfactory evidence is needed, e.g. volume of sales and market share and turnover compared with other competitors.
“Top parity” claims state or imply that the advertiser or their products are equal to their competitors but not superior to them. Top parity claims are acceptable (e.g. “nothing acts faster”) with satisfactory substantiation that the product performs as well as its leading competitors. Radiocentre cannot clear superiority claims based on top parity evidence, i.e. “biggest range” where competitors offer a range of the same size.
BCAP Code Rule 3.35 requires that advertisements that feature comparisons with identifiable competitors ‘must objectively compare one or more material, relevant, verifiable and representative feature of those products or services, which may include price’. There have been a number of ASA rulings on how to determine whether comparative claims are ‘verifiable’. In practice, this means that radio ads must include wording signposting listeners to where they can easily access the comparative data on which the claim is based; e.g. ‘to verify see www…../comparison’. The ASA set policy on verification in ads and more on the background can be found here.