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The Business Protection from Misleading Marketing Regulations 2008

Consolidated Text As Enacted Cited in Amendments 7 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2008/1276
  • These Regulations may be cited as the Business Protection from Misleading Marketing Regulations 2008 and shall come into force on 26th May 2008.
    • (1) In these Regulations—
    • “advertising” means any form of representation which is made in connection with a trade, business, craft or profession in order to promote the supply or transfer of a product and “advertiser” shall be construed accordingly;
    • F22“CMA” means the Competition and Markets Authority;
    • “code owner” means a trader or a body responsible for—
      • (a) the formulation and revision of a code of conduct; or
      • (b) monitoring compliance with the code by those who have undertaken to be bound by it;
    • “comparative advertising” means advertising which in any way, either explicitly or by implication, identifies a competitor or a product offered by a competitor;
    • “court”, in relation to England and Wales and Northern Ireland, means a county court or the High Court, and, in relation to Scotland, the sheriff or the Court of Session;
    • F9“DETINI” means the Department of Enterprise, Trade and Investment in Northern Ireland;
    • F14“enforcement authority” means the F20CMA, every local weights and measures authority, DETINI and GEMA;
    • F15“GEMA” means the Gas and Electricity Markets Authority;
    • “goods” includes ships, aircraft, animals, things attached to land and growing crops;
    • F10“local weights and measures authority” means a local weights and measures authority in Great Britain (within the meaning of section 69 of the Weights and Measures Act 1985) ;
      • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
    • “premises” includes any place and any stall, vehicle, ship or aircraft;
    • “product” means any goods or services and includes immovable property, rights and obligations;
    • “ship” includes any boat and any other description of vessel used in navigation; and
    • “trader” means any person who is acting for purposes relating to his trade, craft, business or profession and anyone acting in the name of or on behalf of a trader.
    (2) In the application of these Regulations to Scotland for references to an “injunction” or an “interim injunction” there shall be substituted references to an “ “interdict ” or an “ “interim interdict ” respectively.(1) Advertising which is misleading is prohibited.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; orfor those reasons, injures or is likely to injure a competitor.the characteristics of the product (as defined in paragraph (4) ) ;the price or manner in which the price is calculated;the conditions on which the product is supplied or provided; andthe nature, attributes and rights of the advertiser (as defined in paragraph (5) ) .availability of the product;nature of the product;execution of the product;composition of the product;method and date of manufacture of the product;method and date of provision of the product;fitness for purpose of the product;uses of the product;quantity of the product;specification of the product;geographical or commercial origin of the product;results to be expected from use of the product; orresults and material features of tests or checks carried out on the product.identity;assets;qualifications;ownership of industrial, commercial or intellectual property rights; orawards and distinctions.
  • it is not misleading under regulation 3;
  • it is not a misleading action under regulation 5 of the Consumer Protection from Unfair Trading Regulations 2008
  • it compares products meeting the same needs or intended for the same purpose;
  • it objectively compares one or more material, relevant, verifiable and representative features of those products, which may include price;
  • between the advertiser and a competitor, or
  • between the trade marks, trade names, other distinguishing marks or products of the advertiser and those of a competitor;
  • it does not discredit or denigrate the trade marks, trade names, other distinguishing marks, products, activities, or circumstances of a competitor;
  • for products with designation of origin, it relates in each case to products with the same designation;
  • it does not take unfair advantage of the reputation of a trade mark, trade name or other distinguishing marks of a competitor or of the designation of origin of competing products;
  • it does not present products as imitations or replicas of products bearing a protected trade mark or trade name.
  • advertising which is misleading under regulation 3; or
  • comparative advertising which is not permitted under regulation 4.
  • A trader is guilty of an offence if he engages in advertising which is misleading under regulation 3.
  • on summary conviction, to a fine not exceeding the statutory maximum; or
  • on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.
    • to have been committed with the consent or connivance of an officer of the body, orto be attributable to any neglect on his part,a director, manager, secretary or other similar officer; anda person purporting to act as a director, manager, secretary or other similar officer.to have been committed with the consent or connivance of a partner, orto be attributable to any neglect on his part,

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