Superlatives in advertising: can you say "the best" in Austria?

In short: In Austria you can usually write "The best coffee in Vienna" on your ad, because nobody reads it as a measurable fact. "Vienna's biggest selection" or "the cheapest hairdresser in the 9th district" are factual claims: they have to be true, and if challenged, you have to prove them. Before you upload your creative, run it through 3 questions: Is it measurable? Can I prove it? Am I naming a competitor?

Advertising runs on big words. On a screen even more so, because you only get a few seconds. The question is which big words get you into trouble. The answer sits in Austria's Unfair Competition Act (UWG on RIS) and in the Supreme Court (OGH) case law around it. Here it is in plain language, with examples you can apply to your creative straight away.

This is not legal advice. If a lot of money or a combative competitor is involved, talk to a lawyer.

Can I write "the best" in my ad?

Yes, as long as it is clearly praise and not a measurable statement. The OGH has treated lines like "… is simply the best" as advertising language the public does not take literally. What remains is the message: this is good quality. That part does have to be true.

Typical puffery that usually passes:

• "The best coffee in Vienna"
• "Vienna's cosiest café"
• "The loveliest breakfast in the 2nd district"
• "Hair you'll love"

What these lines share: nobody can measure "cosy" or "lovely". There is no ranking to look up. The audience knows that.

It can tip over as soon as you tie the praise to something measurable. "The best coffee in Vienna, according to a survey of our guests" is no longer puffery but a claim about a survey. That survey then has to exist.

When does a superlative become a problem?

As soon as it has a factual core, something that can be checked. Then the ban on misleading practices in § 2 UWG applies: the statement must be true, in the way an average viewer understands it.

Case law calls this a claim of sole position: you say you are at the top, or the only one offering something. You don't even need a superlative for that. "The bakery in Josefstadt" or "More choice than anyone else" can be read the same way.

Examples with a factual core:

• "Vienna's biggest selection of board games"
• "The cheapest locksmith in the 1st district"
• "No. 1 for wedding cakes in Vienna"
• "Test winner"
• "The oldest inn in Leopoldstadt"
• "The only one in Vienna with …"

Each of these can be checked: count the range, compare prices, look up founding years. And that is exactly what happens when a competitor gets annoyed.

Who has to prove that my claim is true?

Assume it's you. § 1 (5) UWG lets the court require the advertiser to prove that factual claims are correct, where that is appropriate in the individual case. For claims of sole position that outsiders can hardly check, that is likely: you know your numbers, your competitor doesn't.

In practice: before a creative with a factual core goes live, start a folder.

1. What exactly are you claiming? Write the claim down the way a passer-by understands it in passing, not the way you meant it.
2. What is your evidence? Competitors' price lists with dates, a count of your range, a test report, your trade licence with the founding date.
3. Does it hold for the whole run? A two-week campaign needs a claim that is still true on the last day. If a competitor cuts prices midway, "the cheapest" is false from then on.

A "test winner" needs the test. Say on the creative who tested and when, otherwise the most important information is missing.

Can I compare myself with a competitor?

Yes, comparative advertising is allowed in Austria, but only under conditions. § 2a UWG permits it as long as it doesn't mislead, doesn't denigrate and doesn't misuse other people's trademarks. Behind it is EU Directive 2006/114/EC, which lists the conditions in detail.

Comparative advertising is anything that makes a competitor identifiable. A name is enough, so is a logo, often even "the shop across the street".

A comparison is on the safe side if it:

• compares like with like: haircut with haircut, not haircut with a full package.
• is objective and verifiable: price, opening hours, size, delivery time. Not "nicer", not "better".
• doesn't denigrate: "No waiting at our place" is fine, "Over there you wait forever for bad service" is not.
• creates no confusion and doesn't exploit other brands.

For a small business the honest answer is: leave the competitor out. On a screen a comparison rarely gets you more than a clear statement about yourself, and it is the version most likely to end in a dispute. "Haircut €X, no appointment" is just as clear to passers-by as "€Y cheaper than the salon round the corner", without the risk.

What is different about screen advertising compared to a flyer?

Time. With a 10 % airtime share you get 6 seconds per minute. People walking past see your creative briefly and judge it by the fleeting impression. That is exactly the standard the courts apply.

Three consequences for your creative:

1. Asterisks don't save you. Nobody on a screen reads a small-print restriction at the bottom edge. If your claim is only true with a footnote, rewrite the claim.
2. The main message must be true on its own. "Vienna's cheapest pizza" plus "Margherita only, Tuesdays only" in small print is a risk. "Tuesday: Margherita €X" is a clear statement with no catch.
3. In video, every frame counts. If the restriction only shows up in the last frame, hardly anyone has seen it.

Prices on the creative come with extra rules, such as showing the gross price. They are covered in Price on your ad. If you advertise discounts, read the 30-day price rule.

Which wordings are safe and which are risky?

The line runs between value judgement and fact. The more measurable, the more evidence you need.

What happens if a claim isn't true?

Usually a letter first, asking you to stop the ad. Under § 14 UWG, competitors and certain associations can sue. In a serious case there is a preliminary injunction and the ad has to come down immediately.

For you that means lawyer and court costs, plus a creative you can no longer show. That can quickly cost more than the whole campaign.

On our screens a creative is swapped quickly. You upload a new version, it is reviewed and runs once approved. That doesn't change the fact that you remain responsible for the claim on the old one.

Does adyoutiser check whether my claim is true?

No, not on substance. We review every creative before it starts, with AI and a human, against our guidelines. Whether your café really has the biggest cake selection is something we can't know. You, as the advertiser, are responsible for factual claims.

How the review works and what it covers is explained in Ad creative review and approval. Photos on your creative raise a separate question, image rights: Can I use this photo?

What should I write instead?

Concrete instead of superlative. A concrete statement is safer and usually stronger on a screen, because it gives people a reason to come.

• Instead of "Vienna's cheapest lunch": "Lunch menu €X, Mon–Fri"
• Instead of "The fastest repair": "Phone screen replacement without appointment, pick up the same day" (if that's true)
• Instead of "Biggest selection": "Over [number] board games to try" (if you've counted them)
• Instead of "Better than the chain": "Owner-run since [year]" (if it's true)

Put in your own numbers, and only the ones you can prove.

Frequently asked questions

Is "the best" banned in advertising in Austria?

No. As obvious praise like "the best coffee in Vienna" it is usually allowed. It becomes a problem when the claim has a measurable core, such as a test win or a survey that doesn't exist.

Can I write "No. 1 in Vienna"?

Only if you can prove it and it is clear what you are No. 1 at. "No. 1" is read as a ranking, so as a fact. Without evidence, leave it out.

Can I put a competitor's name on my creative?

Yes, within § 2a UWG: factual, comparable, verifiable and without denigration. For a small business a clear statement about yourself is almost always the better choice.

Does an asterisk with an explanation help?

Hardly, on a screen. What can't be read in passing doesn't count towards the fleeting impression. Phrase the main message so that it is true on its own.

What does it cost to try a creative like this?

From a €2 minimum order, one day is enough. Add 5 % Austrian advertising tax and VAT. Worked examples are under Screen advertising costs, more answers in the FAQ.

If your creative passes the 3 questions, book your first day.