Consumer Protection (Trade Descriptions and Safety Requirements) Act 1975 · 2020 Revised Edition · Part 2 · Prohibition of False Trade Descriptions
6. Applying trade description to goods
Feedback & supportA person applies a trade description to goods if the person —
trade description
“trade description” means any description, statement or indication which, directly or indirectly and by whatever means given, relates to any of the following matters: (a)quantity, length, width, height, area, volume, capacity or weight of any goods;(b)method of manufacture, production, processing or reconditioning of any goods;(c)composition of any goods;(d)fitness for purpose (including expiry date), strength, performance, behaviour or accuracy of any goods;(e)degree of fineness of gold and silver goods;(f)physical characteristics of any goods not included in paragraphs (a) to (e);(g)testing of any goods by any person and the results of such testing;(h)approval of any goods by any person or their conformity with a type approved by any person;(i)place or date of manufacture, production, processing or reconditioning of any goods;(j)person by whom any goods are manufactured, produced, processed or reconditioned; (k)other history, including previous ownership or use, of any goods.
affixes or annexes it to or in any manner marks it on or incorporates it with —
the goods themselves; or
anything in, on or with which the goods are supplied;
places the goods in, on or with anything which the trade description has been affixed or annexed to, marked on or incorporated with, or places any such thing with the goods; or
uses the trade description in any manner likely to be taken as referring to the goods.
An oral statement may amount to the use of a trade description.
Where goods are supplied pursuant to a request in which a trade description is used and the circumstances are such as to make it reasonable to infer that the goods are supplied as goods corresponding to that description, the person supplying the goods is deemed to have applied that trade description to the goods.
goods
“goods” includes ships, aircraft, vehicles, animals, plants and all kinds of movable property;