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Business Protection from Misleading Marketing Regulations 2008

Business Protection from Misleading Marketing Regulations 2008

Advertising which is misleading is prohibited (Regulation 3).  Advertising is misleading which:

  • 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.
  • for those reasons, injures or is likely to injure a competitor.

In determining whether advertising is misleading, account shall be taken of all its features, and in particular of any information it contains concerning:

  • the characteristics of the product (as defined in paragraph (4) of the Legislation).

  • the price or manner in which the price is calculated.

  • the conditions on which the product is supplied or provided.

An indication of selling price shall be unambiguous, easily identifiable and clearly legible, given in proximity to visual or written description of the product.  The indication of any charges for postage, package or delivery of a product shall be unambiguous, easily identifiable and clearly legible. [Article 7]

Link to Legislation