United Kingdom

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The Consumer Protection from Unfair Trading Regulations 2008 (SI 2008/1277)

Reg 5(1) A commercial practice is a misleading action if it satisfies the conditions in either Regulation 5(2) or Regulation 5(3).

Reg 5(2) A commercial practice satisfies the conditions of this Regulation -- (a) if it contains false information and is therefore untruthful in relation to any of the matters in Regulation 5(4) or if it or its overall presentation in any way deceives or is likely to deceive the average con-sumer in relation to any of the matters in that paragraph, even if the information is factually correct; and (b) it causes or is likely to cause the average consumer to take a transactional decision he would not have taken otherwise.

Reg 5(3) A commercial practice satisfies the conditions of this Regulation if-- (a) it concerns any marketing of a product (including comparative advertising) which creates confusion with any products, trade marks, trade names or other distinguishing marks of a competitor; or (b) it concerns any failure by a trader to comply with a commitment contained in a code of conduct which the trader has undertaken to comply with, if-- (i) the trader indicates in a commercial practice that he is bound by that code of conduct, and (ii) the commitment is firm and capable of being verified and is not aspirational, and it causes or is likely to cause the average consumer to take a transactional decision he would not have taken otherwise, taking account of its factual context and of all its features and circumstances.

Reg 5(4) The matters referred to in Regulation 5(2)(a) are-- (a) the existence or nature of the product; (b) the main characteristics of the product (as defined in Regulation 5(5)); (c) the extent of the trader's commitments; (d) the motives for the commercial practice; (e) the nature of the sales process; (f) any statement or symbol relating to direct or indirect sponsorship or approval of the trader or the product; (g) the price or the manner in which the price is calculated; (h) the existence of a specific price advantage; (i) the need for a service, part, replacement or repair; (j) the nature, attributes and rights of the trader (as defined in paragraph 6); (k) the consumer's rights or the risks he may face.