PART 1DEFINITIONS AND PROHIBITIONS
Prohibition of advertising which misleads traders3
1
Advertising which is misleading is prohibited.
2
Advertising is misleading which—
a
in any way, including its presentation, deceives or is likely to deceive the traders to whom it is addressed or whom it reaches; and by reason of its deceptive nature, is likely to affect their economic behaviour; or
b
for those reasons, injures or is likely to injure a competitor.
3
In determining whether advertising is misleading, account shall be taken of all its features, and in particular of any information it contains concerning—
a
the characteristics of the product (as defined in paragraph (4));
b
the price or manner in which the price is calculated;
c
the conditions on which the product is supplied or provided; and
d
the nature, attributes and rights of the advertiser (as defined in paragraph (5)).
4
In paragraph (3)(a) the “characteristics of the product” include—
a
availability of the product;
b
nature of the product;
c
execution of the product;
d
composition of the product;
e
method and date of manufacture of the product;
f
method and date of provision of the product;
g
fitness for purpose of the product;
h
uses of the product;
i
quantity of the product;
j
specification of the product;
k
geographical or commercial origin of the product;
l
results to be expected from use of the product; or
m
results and material features of tests or checks carried out on the product.
5
In paragraph (3)(d) the “nature, attributes and rights” of the advertiser include the advertiser's—
a
identity;
b
assets;
c
qualifications;
d
ownership of industrial, commercial or intellectual property rights; or
e
awards and distinctions.