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.