In the United States the Federal Trade Commission finalised the Rule on the Use of Consumer Reviews and Testimonials at 16 CFR part 465, effective from 21/10/2024 1, codified from 89 FR 68077 2. Section 465.6, headed Company-controlled review websites or entities, makes it an unfair or deceptive act for a business to materially misrepresent, expressly or by implication, that a website or entity it controls, owns or operates provides reviews or opinions free of that business’s influence, other than consumer reviews, about a category of businesses, products or services including its own 3.
Alongside it sit fake or false reviews at 465.2, buying positive or negative reviews at 465.4, insider reviews without a clear and conspicuous disclosure of the relationship at 465.5, and review suppression at 465.7 2.
In the United Kingdom the Digital Markets, Competition and Consumers Act 2024 moved reviews onto the banned practices list. Schedule 20 paragraph 13 covers submitting or commissioning a fake consumer review or one concealing that it was incentivised, publishing consumer reviews or consumer review information in a misleading way, and failing to take reasonable and proportionate steps to prevent either. Paragraph 25 covers a trader falsely creating the impression that it is not acting for business purposes 4. Both took effect on 06/04/2025 5, and a practice on that Schedule is unfair in all circumstances, with no separate test of whether anyone was misled.
The European position predates both. Annex I to the Unfair Commercial Practices Directive 2005/29/EC lists practices unfair in all circumstances, and the 2019 modernisation amendments added point 23b, on claiming reviews come from consumers who used or bought the product without reasonable steps to check, and point 23c, on submitting or commissioning false reviews. Point 22 covers a trader falsely representing itself as a consumer 6.
What none of these instruments do is stop a brand publishing a comparison containing its own products. The prohibited thing is the misrepresentation, not the ownership. A brand-owned table that says whose it is, where a reader will see it, is lawful in all three jurisdictions. That is a floor, and a floor is not a method.