The Trade Descriptions Act 1968 (c. 29) is an
act of the
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace ...
which prevents
manufacturers
Manufacturing is the creation or production of goods with the help of equipment, labor, machines, tools, and chemical or biological processing or formulation. It is the essence of the
secondary sector of the economy. The term may refer to a r ...
,
retail
Retail is the sale of goods and services to consumers, in contrast to wholesaling, which is the sale to business or institutional customers. A retailer purchases goods in large quantities from manufacturers, directly or through a wholes ...
ers or
service industry
The tertiary sector of the economy, generally known as the service sector, is the third of the three economic sectors in the three-sector model (also known as the economic cycle). The others are the primary sector (raw materials) and the s ...
providers from misleading
consumer
A consumer is a person or a group who intends to order, or use purchased goods, products, or services primarily for personal, social, family, household and similar needs, who is not directly related to entrepreneurial or business activities. ...
s as to what they are spending their money on.
This law empowers the
judiciary
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
to punish companies or individuals who make false claims about the products or services that they sell.
Applying a false trade description to goods is a
strict liability
In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant.
Und ...
offence: provided it is shown that the description was applied and was false, the accused has to prove certain defences in order to escape conviction.
False descriptions as to services require the more normal proof of ''
mens rea
In criminal law, (; Law Latin for "guilty mind") is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of ''mens rea'' and '' actus reus'' ("guilty act") before th ...
'' (guilty intent).
The act excludes matters relating to land and buildings, which were dealt with under the provisions of the
Property Misdescriptions Act 1991.
Changes
The act was in conflict with the EU
Unfair Commercial Practices Directive
The Unfair Commercial Practices Directive 2005/29/EC regulates unfair business practices in EU law, as part of European consumer law. It requires corresponding laws to be passed that incorporate it into each member state's legal system. It i ...
, which has been adopted in the UK and was implemented from April 2008.
Although technically the act itself remains in force, most of its specific provisions were repealed and superseded by the
Consumer Protection from Unfair Trading Regulations 2008
The Consumer Protection from Unfair Trading Regulations 2008 (SI 2008/1277) is a statutory instrument in the United Kingdom made under the European Communities Act 1972 (UK), European Communities Act 1972. It came into force on 26 May 2008. It is ...
which came into force 26 May 2008, missing the EU deadline for implementation by 12 June 2007. The repeals and revocations for TDA 1968 are sections 1(1), 5 to 10, 13 to 15, 19(4)(b) and (c), 21(1) and (2), 22, 24(3), 32, 37, and 39(2).
See also
*
Crunchy Frog
External links
The Trade Descriptions Act 1968Guidance Note on the Trade Descriptions Act
United Kingdom Acts of Parliament 1968
Consumer protection in the United Kingdom
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