Description of goods, services and prices

The Consumer Protection from Unfair Trading Regulations 2008 and the Business Protection from Misleading Marketing Regulations 2008 came into force on 26 May 2008.

The Regulations replace a lot of consumer protection legislation including Part III of the Consumer Protection Act 1987 (which dealt with misleading prices), the majority of the Trade Descriptions Act 1968, and the Control of Misleading Advertising Regulations 1988.

The Consumer Protection from Unfair Trading Regulations prohibits trading practices which are unfair to consumers. There are four different types of practices to consider:

1. 31 specific practices which are always considered to be unfair
2. Misleading actions and omissions
3. Aggressive practices
4. A general duty not to trade unfairly.

The Business Protection from Misleading Marketing Regulations prohibits misleading advertisements to businesses and lays down conditions for comparative advertising (advertising which identifies a competitor or a product offered by a competitor).

The Advertising Standards Authority (ASA) is the UK’s independent watchdog committed to maintaining high standards in advertising for the benefit of consumers, advertisers and society at large. 

They do this by applying the mandatory Advertising Codes to ensure that advertisements, wherever they appear, remain legal, decent, honest and truthful.

Their work includes acting on and investigating complaints as well as proactively monitoring and taking action against misleading, harmful or offensive advertisements, sales promotions and direct marketing.  More information can be found on their website.