Consumer Protection Act 2007

45.

Misleading: non-compliance with commitment under code of practice by which trader is bound.

45.— (1) A commercial practice is misleading if—

( a) it involves a representation that the trader abides, or is bound, by a code of practice,

( b) the representation referred to in paragraph (a) would be likely to cause the average consumer to make a transactional decision that the average consumer would not otherwise make, and

( c) the trader fails to comply with a firm commitment in that code of practice.

(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.

(3) For the purposes of this section, a firm commitment in a code of practice is one that is not merely aspirational but is capable of being verified.

Annotations:

Editorial Notes:

E42

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).