new legislation for consumer
protection
On 26 May 2008 consumer protection regulations came into force
in the UK.
The Business Protection
from Misleading Marketing Regulations 2008 are
relevant to all businesses and particularly the retail, advertising
and marketing sectors. They prohibit advertising which
deceives or is likely to deceive businesses, and potentially affect
their economic behaviour. The Regulations also cover comparative
advertising which must not, for example, compare products or
materials not designed for the same purpose, confuse traders as to
the advertiser and the competitor or take unfair advantage of the
reputation of competitors' trade marks, trade names or other
distinguishing marks.
The Consumer Protection
from Unfair Trading Regulations 2008 are relevant to
businesses in the UK who deal directly with, or whose goods are
sold to, consumers and in particular the retail, advertising and
marketing sectors.
Included within the
Regulations are:
- a prohibition against unfair commercial practices (which is
defined as any including any act, course of conduct or
commercial communication (including advertising and marketing) by a
trader, which is directly connected with the promotion, sale or
supply of a product to or from consumers)
- misleading acts, misleading omissions and aggressive commercial
practices
- a list of 31 practices which are considered unfair in all
circumstances, such as bait advertising and displaying an
unauthorised trust mark, quality mark or equivalent
For further information, please contact Kate Briggs in the
Publishing group on 023 8085 7067 or email kate.briggs@bllaw.co.uk
|