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Misleading actions under the Consumer Protection from Unfair Trading Regulations 2008 [Archived]

Published by a ��ɫ�� Corporate Crime expert

Practice notes

Misleading actions under the Consumer Protection from Unfair Trading Regulations 2008 [Archived]

Published by a ��ɫ�� Corporate Crime expert

Practice notes

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ARCHIVED: This Practice Note has been archived and is not maintained.

From 6 April 2025, the Consumer Protection from Unfair Trading Regulations 2008, SI 2008//1277 have been revoked and replaced by the Digital Market, Competition and Consumers Act 2024 (DMCCA 2024). However, CPUTR 2008, SI 2008/1277 will still apply to any conduct occurring prior to 6 April 2025. For information on Misleading actions under DMCCA 2024, see Practice Note: Misleading actions under the Digital Markets, Competition and Consumers Act 2024.

Misleading actions

An action can be Misleading in relation to a commercial practice under the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277, in two different ways. The first way under CPUTR 2008, SI 2008/1277, reg 5(2) is if it:

•
contains false information and is therefore untruthful in relation to any of the matters set out in regulation 5(4) or if its overall presentation in any way deceives or is likely to deceive the Average consumer in relation to any of the matters in that paragraph,

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Jurisdiction(s):

United Kingdom

Key definition:

Misleading definition

What does Misleading mean?

The Trade Descriptions Act 1968 (TDA 1968), s 3(2) provides that a trade description which, though not false, is misleading in that it is likely to be taken as an indication of such of the matters specified in TDA 1968, s 2 and, as such an indication, would be false to a material degree, shall be deemed to be a false trade description.

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