Legal Literature detail
|Reference||J.B.L. 2009, 2 183-194|
|Country||United Kingdom||Legal Literature date||2009|
|Author||G. HOWELLS||Author initial|
|Title EN||The end of an era - implementing the Unfair Commercial Practices Directive in the United Kingdom: punctual criminal law gives way to a general criminal/civil law standard||URL EN||N/A|
|Keywords||advertisement, average consumer, enforcement, full harmonisation, national law, penalties|
This article reflects on the implementation of the UCP Directive in the UK. It outlines the pre-Directive regime for regulating advertising and marketing in the UK, focusing on the criminal sanctions contained in the Trade Descriptions Act 1968. It notes some key principles of the UCP Directive, including the general duty to trade fairly and the definition of the average consumer. It also describes the simplification of UK law resulting from the UCP Directive's maximal harmonisation requirement. Finally, it considers enforcement under the new regime, anticipating greater use of civil injunctions.
The article relates to Consumer Protection from Unfair Trading Regulations 2008, sections 8, 10-12 and 19.