Consumer Protection Act 2007

44.

Misleading: competitor or product confusion in marketing or advertising.

44.— (1) A commercial practice involving marketing or advertising is misleading if it would be likely to cause the average consumer—

( a) to confuse—

(i) a competitor’s product with the trader’s product, or

(ii) a competitor’s trade name, trade mark or some other distinguishing feature or mark with that of the trader,

and

( b) to make a transactional decision that the average consumer would not otherwise make.

(2) In determining whether a commercial practice is misleading under subsection (1), the commercial practice shall be considered in its factual context, taking account of all of its features and the circumstances.

Annotations:

Editorial Notes:

E39

Comparative marketing communications confirmed prohibited if, as regards the comparison, it is a misleading commercial practice under section (20.11.2007) by European Communities (Misleading and Comparative Marketing Communications) Regulations 2007 (S.I. No. 774 of 2007), reg. 4(2)(b).