Introduction
Misleading advertising is one of the most important legal risks for businesses operating in Turkey. In a competitive market, companies naturally want to promote their products and services in the most attractive way possible. However, there is a clear legal boundary between persuasive marketing and unlawful advertising. When an advertisement gives consumers a false impression, hides essential information, exaggerates product qualities or uses claims that cannot be proven, it may be considered misleading under Turkish law.
The subject of misleading advertising under Turkish law is particularly important for companies, e-commerce platforms, advertising agencies, influencers, digital marketers, healthcare providers, cosmetic brands, food supplement sellers, real estate developers, financial service providers and foreign investors targeting Turkish consumers. Advertising law in Turkey is not limited to traditional media such as television, newspapers or billboards. It also applies to websites, online marketplaces, mobile applications, social media posts, influencer content, sponsored videos, search engine advertisements, push notifications, e-mail campaigns, SMS marketing, consumer reviews and AI-generated advertisements.
The main purpose of Turkish advertising law is to protect consumers against deception and unfair commercial practices. Consumers should be able to make purchasing decisions based on accurate, transparent and verifiable information. If a campaign manipulates the consumer’s economic behavior by presenting false or incomplete information, it may trigger administrative sanctions, suspension decisions, access blocking measures, unfair competition claims and reputational damage.
As of 2026, misleading advertising is an actively enforced area in Turkey. The Ministry of Trade has repeatedly emphasized that it continues inspections against misleading advertisements, unfair commercial practices and digital practices that harm consumers. In its 369th meeting held on 14 May 2026, the Advertising Board reviewed 156 files, found 146 files unlawful and imposed approximately 23 million Turkish liras in administrative fines; it also decided to block access to 17 advertisements. The Ministry further stated that total fines imposed by the Board in the first five months of 2026 exceeded 122 million Turkish liras.
This article explains what misleading advertising means under Turkish law, which legal sources apply, how the Advertising Board evaluates advertisements, what types of claims create risk, what sanctions may be imposed and how businesses can build an effective advertising compliance system in Turkey.
Legal Framework of Misleading Advertising in Turkey
The main legal framework governing misleading advertising in Turkey is based on Law No. 6502 on the Protection of Consumers and the Regulation on Commercial Advertising and Unfair Commercial Practices. These rules are enforced primarily by the Advertising Board, known in Turkish as the Reklam Kurulu, which operates under the Ministry of Trade.
Under the consumer protection framework, commercial advertisements must comply with principles determined by the Advertising Board and must be compatible with general morality, public order, personal rights, honesty and truthfulness. The Ministry of Trade expressly refers to Article 61 of Law No. 6502 and states that commercial advertisements must be honest and accurate, as well as compliant with the principles determined by the Advertising Board.
The legal framework is not limited to one statute. Misleading advertising may also be assessed under the Turkish Commercial Code provisions on unfair competition, sector-specific regulations, electronic commerce rules, commercial electronic message legislation and personal data protection rules. For example, a misleading online advertisement may simultaneously violate consumer law, unfair competition law and data protection law if it uses deceptive claims, harms competitors and relies on unlawful profiling or cookie-based targeting.
In practice, the Advertising Board evaluates advertisements from the perspective of the average consumer. The key question is not only whether the advertisement contains a technically false statement. The Board also examines whether the overall impression of the advertisement may mislead consumers. This includes wording, visuals, audio, layout, disclaimers, font size, timing, platform, target audience and the commercial context of the campaign.
What Is Misleading Advertising?
Misleading advertising can be defined as any commercial communication that deceives or is likely to deceive consumers and affects or is likely to affect their economic behavior. An advertisement may be misleading because it contains false information. However, misleading advertising can also occur through omission, ambiguity, exaggeration, hidden conditions, incomplete disclosures or manipulative presentation.
For example, an advertisement may be misleading if a product is promoted as “the best in Turkey” without reliable evidence. It may also be misleading if a discount campaign presents a price reduction that does not reflect the real previous price. A health product advertisement may be misleading if it implies treatment effects without scientific or legal basis. A real estate advertisement may be misleading if it promises delivery dates, social facilities or investment returns that are not realistic. A financial service advertisement may be misleading if it emphasizes low interest rates but hides costs, fees or conditions.
The legal assessment focuses on the likely perception of the average consumer. Even if every sentence is technically crafted to avoid direct falsehood, the advertisement may still be unlawful if its dominant message creates a wrong impression. Therefore, advertisers should not rely only on small-print disclaimers, asterisks or hidden terms. If the main message is misleading, a disclaimer may not be sufficient to eliminate legal risk.
Misleading Statements and False Claims
The most obvious form of misleading advertising is the use of false claims. A business cannot claim that a product has qualities, ingredients, certifications, awards, performance levels or benefits that it does not actually have. Similarly, a service provider cannot claim guaranteed results if the outcome depends on external or uncertain factors.
Examples of potentially misleading statements include:
“100% guaranteed result”
“Scientifically proven”
“The number one brand in Turkey”
“The most preferred product”
“Lowest price in the market”
“Completely natural”
“Chemical-free”
“Doctor recommended”
“Clinically tested”
“Permanent solution”
“Free service”
“No hidden costs”
“Limited stock”
“Last chance”
These expressions may be lawful only if they are true, accurate and supported by reliable evidence. The more specific and powerful the claim, the stronger the evidentiary basis should be. For example, a claim such as “clinically proven” generally requires credible scientific studies or test results. A claim such as “number one” requires objective market data. A claim such as “lowest price” requires a reliable comparison with competitors or market prices.
In Turkish advertising practice, unsupported superiority claims are especially risky. Businesses often use expressions such as “best,” “fastest,” “most reliable” or “most preferred” for marketing purposes. However, if these statements are understood by consumers as factual claims rather than subjective praise, they may require proof. A general slogan may sometimes be treated as advertising exaggeration, but measurable or comparative superiority claims usually require evidence.
Misleading Advertising by Omission
Misleading advertising does not always involve an express lie. An advertisement may also be misleading if it omits material information that consumers need in order to make an informed decision. This is particularly common in price campaigns, subscription services, e-commerce offers, travel advertisements, financial products and online promotions.
For example, a business may advertise a product at a very attractive price but fail to disclose that the price applies only to a limited number of units. A subscription service may advertise a low monthly fee but hide cancellation restrictions, automatic renewal rules or additional charges. A travel agency may advertise a package holiday price but exclude mandatory taxes, transfer costs or service fees from the main price. An online platform may advertise “free delivery” but apply the benefit only above a certain basket amount.
In these cases, the advertisement may mislead consumers not because the visible statement is false, but because the consumer is not given the full picture. Under Turkish law, essential conditions must be presented clearly, understandably and at the appropriate stage of the consumer journey. Information that materially affects the consumer’s decision should not be hidden in hard-to-read footnotes, separate pages, late-stage checkout screens or vague terms and conditions.
Misleading Discount Advertising
Discount advertising is one of the most common areas of enforcement in Turkey. Consumers are highly influenced by expressions such as “50% off,” “special offer,” “campaign price,” “limited-time discount,” “Black Friday deal,” “last day” or “lowest price.” For this reason, discount claims must be accurate and transparent.
A discount advertisement may be misleading if the previous price was artificially increased before the campaign, if the discount rate is calculated incorrectly, if the campaign conditions are hidden, if the product was not actually sold at the stated previous price or if the stock is so limited that the campaign creates an unrealistic impression.
The 2026 amendments to the Regulation on Commercial Advertising and Unfair Commercial Practices introduced additional rules in this area. According to the Ministry of Trade, conditional sales advertisements providing discounts or other benefits are subject to discount advertising rules. The Ministry also announced that, in discount advertisements, the lowest price applied within the last ten days before the discount may be shown as the pre-discount price; for perishable goods such as fruits and vegetables and for services, the previous price is taken as the basis.
This development is especially important for e-commerce sellers and online marketplaces. Businesses should keep accurate price history records and should not design discount campaigns based only on marketing needs. If a company cannot prove the previous price, the discount period, the stock availability and the actual benefit offered to consumers, it may face administrative sanctions.
Misleading Health Claims
Health-related advertisements are among the riskiest categories under Turkish advertising law. Consumers may rely on these advertisements when making decisions about their health, body, appearance or well-being. For this reason, health claims are examined strictly.
Advertisements for food supplements, cosmetics, medical devices, aesthetic services, wellness products, herbal products and similar goods or services may become misleading if they imply diagnosis, treatment, prevention or cure without legal and scientific basis. A cosmetic product should not be advertised as if it treats a medical condition. A food supplement should not be presented as a substitute for normal nutrition or medical treatment. A wellness service should not promise guaranteed health results.
The Advertising Board’s recent enforcement practice confirms this sensitivity. In the 369th meeting, the Board noted that misleading health claims appeared in question-and-answer areas of electronic marketplaces and that disease-related treatment expressions concerning certain vinegar products were examined. As a result, administrative sanctions were imposed on nine companies.
Businesses operating in health-related sectors should therefore obtain legal review before publishing advertisements. Marketing teams should avoid expressions that create a medical impression unless the claim is expressly permitted under applicable legislation and supported by reliable evidence.
Misleading Environmental Claims and Greenwashing
Environmental claims have become increasingly common in advertising. Brands frequently use terms such as “eco-friendly,” “green,” “sustainable,” “carbon neutral,” “natural,” “biodegradable,” “recyclable” or “environmentally responsible.” However, if these claims are vague, exaggerated or unsupported, they may constitute misleading advertising.
Greenwashing occurs when a business presents itself, its product or its service as more environmentally beneficial than it actually is. For example, a company may claim that a product is “environmentally friendly” without explaining whether this refers to packaging, production, transportation, energy consumption, raw materials or disposal. A business may emphasize one small environmental benefit while hiding significant negative environmental impacts.
The 2026 amendments introduced stricter rules on environmental claims. According to the Ministry of Trade, general expressions such as “environmentally friendly” should not be used without explanation; environmental claims should indicate which stage of the product or service life cycle they relate to. Certificates and approvals mentioned in such advertisements must also be supported by documents issued by competent institutions, universities, accredited organizations or independent testing and evaluation bodies.
From a compliance perspective, environmental advertising should be specific, limited and evidence-based. Instead of using broad claims, businesses should clearly explain the environmental benefit and support it with reliable documentation.
Misleading Influencer Marketing
Influencer marketing is one of the most important areas of misleading advertising risk. Influencers often promote products through social media posts, stories, reels, videos, live streams, blogs or podcasts. Consumers may perceive these recommendations as personal opinions rather than paid advertising. If the commercial relationship is not disclosed, the content may be considered hidden advertising and misleading.
Under Turkish advertising law, sponsored content must be clearly identifiable as advertising. If an influencer receives payment, free products, discounts, services, travel, event participation or any other benefit from a brand, the commercial nature of the post must be disclosed clearly and visibly. The 2026 amendments also strengthened this area by requiring the advertising nature of influencer content to be indicated with clear expressions such as “advertisement” or “promotion” where the influencer obtains a benefit.
Disclosure should not be hidden among many hashtags or placed in a way that the average consumer will not notice. A vague expression may not be sufficient if consumers cannot understand that the content is commercial. Brands should also ensure that influencers do not make claims that the brand itself could not lawfully make. For example, an influencer should not claim that a product cured a disease, produced guaranteed weight loss or provided scientifically proven results unless the claim is lawful and supported by evidence.
Misleading Targeted Advertising and Digital Practices
Digital advertising creates additional risks because advertisements can be personalized based on consumer behavior, interests, purchase history, location, demographic data and online activity. Targeted advertising is not prohibited in Turkey, but it must be transparent and must comply with applicable advertising and data protection rules.
The 2026 amendments introduced specific rules on targeted advertising. According to the Ministry of Trade, advertisers may conduct targeted advertising if they provide consumers with direct and easily accessible information about the criteria used to show the advertisement and how these criteria can be changed. The same amendments also prohibit targeted advertising directed at children through profiling based on personal data.
Digital practices may also be misleading if they use manipulative interface designs. These are often called dark patterns or dark commercial designs. Examples include pre-selected paid add-ons, confusing cancellation flows, misleading urgency messages, hidden opt-outs, forced consent mechanisms or design choices that pressure consumers into decisions they would not otherwise make. In its 369th meeting, the Advertising Board referred to manipulative interface designs that negatively affect consumers’ decision-making and stated that such practices are treated as unfair commercial practices.
Misleading AI-Generated Advertisements
Artificial intelligence is increasingly used in advertising. Brands can create AI-generated visuals, digital characters, virtual influencers, synthetic voices, deepfake-style videos and automated promotional content. These technologies may create legal risk if consumers are misled about whether a person is real, whether a real person endorsed the product or whether the experience shown in the advertisement is genuine.
The 2026 amendments introduced rules on AI-generated advertisements. According to the Ministry of Trade, if an advertisement uses AI-generated digital characters that cannot be distinguished from real humans, this must be clearly, understandably and distinguishably disclosed. The amendments also prohibit advertisements where the AI-generated digital copy of a real person creates the impression that the person personally experienced or recommended a product or service.
This is highly relevant for celebrity likeness, voice cloning, virtual testimonials and synthetic influencer campaigns. Businesses should obtain consent where a real person’s identity, image or voice is used and should avoid creating false endorsement impressions.
Legal Risks of Misleading Advertising
Misleading advertising creates several layers of legal risk. The first risk is administrative enforcement by the Advertising Board. The Board may examine complaints or initiate investigations. If it finds a violation, it may order suspension of the advertisement, correction, administrative fines and, in online cases, access blocking measures.
The second risk is civil liability. Consumers may claim that they were misled and suffered loss. Competitors may also bring unfair competition claims if the advertisement distorts competition, discredits competitors or creates an unfair advantage. This is particularly relevant where misleading claims affect market share, reputation or purchasing decisions.
The third risk is sector-specific enforcement. For example, health advertisements, financial advertisements, food-related claims, pharmaceutical references and alcohol or tobacco promotions may be subject to stricter rules by specialized authorities. A campaign that violates both general advertising law and sector-specific regulation may lead to multiple consequences.
The fourth risk is reputational damage. In the digital age, an unlawful advertisement may spread quickly, attract consumer complaints and harm brand trust. Even if the administrative fine is manageable, the long-term reputational cost may be far greater.
Sanctions for Misleading Advertising in Turkey
Sanctions for misleading advertising in Turkey can be significant. The Advertising Board may impose administrative fines, order the suspension or correction of advertisements and decide on access blocking in certain online cases. These sanctions are not theoretical; recent enforcement figures show that the Board actively uses its powers.
For 2026, the Ministry of Trade announced that administrative fines for misleading advertisements and unfair commercial practices may range from 99,339 TL to 39,916,524 TL, depending on factors such as the unfairness of the violation, the benefit obtained, the harm caused, the fault and economic situation of the violator, the medium in which the advertisement was published and whether the unfair commercial practice occurred nationwide or through advertising.
The Advertising Board’s enforcement activity is also visible in recent decisions. In May 2026, the Board reviewed 156 files, found 146 unlawful, imposed approximately 23 million Turkish liras in fines and decided to block access to 17 advertisements. In another 2026 statement, the Ministry emphasized that inspections against misleading advertisements and unfair commercial practices continue effectively and consistently.
These figures show that misleading advertising is not a minor compliance issue in Turkey. Businesses should treat advertising review as a serious legal process, especially in high-risk sectors such as healthcare, cosmetics, food supplements, finance, e-commerce, real estate, telecommunications, tourism and digital platforms.
How the Advertising Board Evaluates Advertisements
The Advertising Board generally assesses the advertisement as a whole. It does not examine only isolated words. The Board considers the general impression created by the advertisement, the target audience, the medium, the prominence of claims, the clarity of disclosures and the likelihood that consumers will be influenced.
For example, if a large headline says “free service” but a small footnote states that the consumer must pay a mandatory fee, the advertisement may still be misleading. If a social media post looks like a personal recommendation but is actually paid promotion, the hidden commercial nature may be unlawful. If an e-commerce listing uses health claims in the question-answer section, the seller may still be responsible for misleading consumer perception.
The burden of proof is a practical concern. If an advertiser uses factual claims, it should be able to prove them. Evidence should be available before publication. A company should not publish a claim first and look for evidence after receiving a complaint.
Compliance Checklist for Businesses
Businesses can reduce misleading advertising risks by implementing a structured compliance process. Before publishing any campaign in Turkey, the following questions should be asked:
Is the main message of the advertisement true?
Can every factual claim be proven with reliable evidence?
Are price and discount statements supported by accurate records?
Are essential conditions clearly visible?
Are health, environmental or superiority claims legally permissible?
Is sponsored content clearly disclosed?
Are influencer posts approved from a legal perspective?
Does the advertisement target children or vulnerable consumers?
Are AI-generated characters or endorsements properly disclosed?
Are consumer reviews genuine and verifiable?
Does the campaign comply with personal data and targeted advertising rules?
Could the advertisement harm competitors through unfair comparison or false superiority claims?
Would the average consumer understand the advertisement correctly?
A good compliance system should involve marketing teams, legal counsel, advertising agencies, data protection officers and business management. Legal review should not be treated as a final obstacle before publication. It should be integrated into campaign planning from the beginning.
Conclusion
Misleading advertising under Turkish law is a serious legal and commercial risk. Turkish law requires advertisements to be honest, accurate, transparent, fair and verifiable. A campaign may become unlawful not only because it contains false information, but also because it hides essential conditions, exaggerates benefits, uses unsupported superiority claims, disguises sponsorship, manipulates consumers through digital design or creates an overall false impression.
The Advertising Board actively enforces these rules and may impose administrative fines, suspension decisions, correction measures and access blocking. Recent enforcement figures show that the Ministry of Trade is closely monitoring misleading advertisements, digital practices, health claims, influencer promotions, targeted advertising and other unfair commercial practices.
For businesses operating in Turkey, advertising compliance should be a preventive legal strategy. Before launching a campaign, companies should review the accuracy of claims, evidence behind statements, clarity of disclosures, legality of discount practices, influencer transparency, data protection compliance and sector-specific restrictions. A legally compliant advertisement not only avoids sanctions but also strengthens consumer trust and brand reputation.
In a market where consumers are exposed to increasingly complex digital advertising, transparency and accuracy are no longer optional. They are legal obligations. Businesses that understand and comply with Turkish advertising law will be better positioned to market their products effectively while avoiding the legal risks and sanctions associated with misleading advertising.
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