False trade description Definition

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GLOSSARY

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What does False trade description mean?

A false trade description is defined in the Trade Descriptions Act 1968 (TDA 1968), s 3(1) as a trade description which is false to a material degree.

TDA 1968, s 3(1) proceeds to deem certain descriptions, etc, to be false trade descriptions. In deciding whether a label is false the court is entitled to read it as a whole and the test then to be applied is whether a reasonable consumer would be misled.

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