Consumer Protection (Trade Descriptions and Safety Requirements) Act 1975 · 2020 Revised Edition · Part 2 · Prohibition of False Trade Descriptions
7. Trade descriptions used in advertisements
Feedback & supportThis section has effect where in an advertisement a trade description is used in relation to any class of goods.
advertisement
“advertisement” includes a catalogue, a circular and a price list;
The trade description is taken as referring to all goods of the class, whether or not in existence at the time the advertisement is published —
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.
for the purpose of determining whether an offence has been committed under section 4(a); and
where goods of the class are supplied by a person publishing or displaying the advertisement, also for the purpose of determining whether an offence has been committed under section 4(b).
In determining for the purposes of this section whether any goods are of a class to which a trade description used in an advertisement relates, regard must be had not only to the form and content of the advertisement but also to the time, place, manner and frequency of its publication and all other matters making it likely or unlikely that a person to whom the goods are supplied would think of the goods as belonging to the class in relation to which the trade description is used in the advertisement.
goods
“goods” includes ships, aircraft, vehicles, animals, plants and all kinds of movable property;