COMPLAINT LETTER TO THE ADVERTISING BOARD

TO THE CHAIRMAN OF THE ADVERTISING BOARD OF THE MINISTRY OF INDUSTRY AND TRADE

………..

COMPLAINANT

Name and Surname – (Turkish Republic Identity Number: …) – Address

COMPLAINED AGAINST

… Food Industry and Trade Inc. – Address

SUBJECT OF COMPLAINT

the advertisement is untrue, misleading to the consumer, harmful to public health, and violates Law No. 6502 on Consumer Protection .

EXPLANATIONS

1. On …/…/… at … o'clock, I watched an advertisement for the defendant company's "… Energy Drink" on the national television channel … Television. The advertisement stated that the product "has no side effects, is made entirely from natural ingredients, and is beneficial for health.".

2. However, laboratory tests conducted by our client revealed that the beverage in question contained high levels of caffeine and artificial additives . This is both detrimental to public health and misleading to consumers .

3. The phrases used in the advertisement;

   • The statement "Children can consume it safely" is misleading.

   • The phrase "all natural" contradicts the product's ingredients.

   • The claim that it is "the most preferred energy drink in the world" is unsubstantiated and exaggerated.

4. According to Article 61 of the Consumer Protection Law No. 6502, commercial advertisements be prepared honestly, truthfully, and without misleading the consumer . Article 5 of the Advertising Board Regulation also explicitly regulates this matter.

5. In its decision numbered 2015/8237 E., 2017/3256 K., the 11th Civil Chamber of the Supreme Court of Appeals stated : "It is clear that if an advertisement is misleading to the consumer, the advertiser will be held liable for the falsehood."
   

6. The 10th Chamber of the Council of State, in its decision numbered 2009/4576 E., 2012/6821 K., ruled that : "Advertisements that harm the economic interests of consumers, are untrue and misleading, should be stopped by the Advertising Board and administrative sanctions should be applied."
   

7. Therefore, we request that the advertisement in question be stopped, that its re-broadcast be prevented without the necessary corrections, and that administrative sanctions be applied against those responsible

LEGAL GROUNDS

Turkish Consumer Protection Law No. 6502, Article 61, Regulation on Commercial Advertising and Unfair Commercial Practices, relevant legislation, and precedents from the Supreme Court and Council of State.

CONCLUSION and REQUEST

For the reasons stated and explained above;

• The advertisement in question should be stopped.

• Preventing its republication without corrections,

• Administrative sanctions will be applied to those responsible

I respectfully request and demand that a decision be made. …/…/…

Complainant's
Name and Surname
Signature

                                                                  YAĞMUR YORULMAZ, LAW FACULTY STUDENT